Add to ORKGDespite a considerable amount of litigation concerning judicial impartiality, the Canadian reasonable apprehension of bias test for judicial disqualification has remained fundamentally unaltered and is well accepted in the jurisprudence. Unfortunately, the application of the test continues to generate difficulties for judges who need to use it to make decisions in marginal cases. Based on previously published doctrinal and empirical research, the goal in the present contribution is to suggest modifications to the test that will better explain the existing jurisprudence and make it easier for judges to understand when recusal is or is not necessary in marginal cases. The authors consider first the advantages of the existing test and sugges...
One of the most difficult questions that can be asked about the law governing judicial bias is what ...
This article deals with the issue of bias arising from pecuniary interest of a judge. Essentially, i...
Common law judges have traditionally been concerned about bias and the appearance of bias. Bias is b...
Despite a considerable amount of litigation concerning judicial impartiality, the Canadian reasonab...
In recent years, high profile disqualification disputes have caught the attention of the public. In ...
The impartiality of judges often expressed in the Latin maxim nemo iudex in propria causa interprete...
The decision of the Supreme Court of Canada in R. v. R.D.S. dealt with whether a trial judge\u27s co...
The common law “reasonable apprehension of bias” test for judicial disqualification is highly fact- ...
This article deals with the issue of bias arising from pecuniary interest of a judge. Essentially, i...
The Decision of the Supreme Court of Canada in R. v. R.D.S. dealt with whether a trial judge\u27s co...
This Article explores the scope for the development of a bias test applying to international tribuna...
When we consider bias in an adjudicative setting, we think about cases such as Baker v. Canada where...
In 2011, the High Court handed down judgments in two cases that raised a similar issue: the risk tha...
The common-law principle that no one should be a judge in his or her own cause is the basis upon whi...
This article takes a critical look at the divergent approaches of courts in constructing the meaning...
One of the most difficult questions that can be asked about the law governing judicial bias is what ...
This article deals with the issue of bias arising from pecuniary interest of a judge. Essentially, i...
Common law judges have traditionally been concerned about bias and the appearance of bias. Bias is b...
Despite a considerable amount of litigation concerning judicial impartiality, the Canadian reasonab...
In recent years, high profile disqualification disputes have caught the attention of the public. In ...
The impartiality of judges often expressed in the Latin maxim nemo iudex in propria causa interprete...
The decision of the Supreme Court of Canada in R. v. R.D.S. dealt with whether a trial judge\u27s co...
The common law “reasonable apprehension of bias” test for judicial disqualification is highly fact- ...
This article deals with the issue of bias arising from pecuniary interest of a judge. Essentially, i...
The Decision of the Supreme Court of Canada in R. v. R.D.S. dealt with whether a trial judge\u27s co...
This Article explores the scope for the development of a bias test applying to international tribuna...
When we consider bias in an adjudicative setting, we think about cases such as Baker v. Canada where...
In 2011, the High Court handed down judgments in two cases that raised a similar issue: the risk tha...
The common-law principle that no one should be a judge in his or her own cause is the basis upon whi...
This article takes a critical look at the divergent approaches of courts in constructing the meaning...
One of the most difficult questions that can be asked about the law governing judicial bias is what ...
This article deals with the issue of bias arising from pecuniary interest of a judge. Essentially, i...
Common law judges have traditionally been concerned about bias and the appearance of bias. Bias is b...