asthma, a common occupational allergic disease caused by long-term exposure to flour.

“I jumped at it and sold it because I was mad. The doctors told me if I didn’t quit, I’d die.”

Stewart, who had assumed ownership, sold the business in 1976 and moved back and forth between Smithers and Victoria. He worked for the Department of Highways, as a corrections officer, and eventually became a cattle rancher in Smithers before returning to Sooke, where he now resides.

In the meantime, the building played several roles under different ownership, including a wool shop, and a bed and breakfast, until it was once again re-opened as a bakery in 1999.

The new owners at the time, Mike and Shellie Gudgeon, renamed it Willie’s Cafe and Bakery, adding an extra “i” in honourof his Sixth Amendment rights as guaranteed by the Fourteenth Amendment to be tried by an impartial jury and to confront witnesses against him.
Subsequent to the return of the jury's guilty verdict, Smith's counsel entered a motion for a new trial on substantially the same grounds asserted in the present petition. The state trial court held a hearing on said motion on April 3, 1973. At the hearing, one of the jurors, Mrs. Ilda Elliott, testified as to the conduct of individual jurors during the approximately three days of deliberations which preceded the guilty verdict. Mrs. Elliott's testimony related almost entirely to activities which occurred within the confines of the jury room. At the conclusion of the hearing, the trial court ruled that the matters raised by Mrs.