Reasonable apprehension of bias explained

In Canadian law, a reasonable apprehension of bias is a legal standard for disqualifying judges and administrative decision-makers for bias. Bias of the decision-maker can be real or merely perceived.

The test was first stated in Committee for Justice and Liberty v. Canada (National Energy Board), [1978<nowiki>] 1 S.C.R. 369]:

It was further developed in:[1]

Further:[2]

Contrary evidence is addressed as follows:

It is a difficult matter to establish case law to support such a proposition. Nevertheless, consider:

Definition of apprehension

The dictionary definition of apprehension, outside of the Canadian legal context, provides two distinct meanings: anxiety about something, or the perception or grasp of something. It does not appear that a reasonable person—most likely a reasonable Canadian person—is required to differentiate along this axis in specific terms when affirming legal apprehension of bias.

See also

Notes and References

  1. Melo Sanchez v. Canada, 2011 FC 68
  2. R. v. Adam et al, 2006 BCSC 1540 (CANLII)