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Jun 20, 2012 · The Court of Appeal concluded that the appellant met the high threshold necessary to establish a reasonable apprehension of bias. The circumstances created a reasonable apprehension of bias, necessitating a new trial before a different judge. Author's note: The content of this article is intended to provide a general guide to the subject matter.
Where a judge has made findings of fact on sentencing a co-accused for an offence may give rise to an apprehension of bias that would require the judge to withdraw. [14] The fact that the applicant lost a motion or hearing before the judge, regardless of the similarity of the case, does not preclude the judge from judging the new issue.
Jun 15, 2012 · Ed Ratushny, a law professor at the University of Ottawa who specializes in judicial conduct, said there is a strong presumption of impartiality on behalf of a judge. When that is placed into question, it must be carefully considered. “A person wanting to get a judge recused must have a pretty strong case to do that,” he said.
Oct 18, 2016 · Van Wieren v Bush, 2015 ONSC 4104. The father appealed to the Superior Court of Justice against an Ontario Court of Justice trial decision about custody and access, claiming that the trial judge, Justice Hardman, was biased against him, failed to consider the best interests of the child and made an order that was contrary to the evidence.
- Definition and Significance of Reasonable Doubt
- Guidelines For Reasonable Doubt
- Implications For Prosecution and Defense
- Conclusion
The standard of proof in a Canadian criminal trial is proof beyond a reasonable doubt. This means that the judge or jury must be satisfied beyond a reasonable doubt that the defendant is guilty. The Crown has the burden of proof, and if it fails to meet this standard, the defendant must be acquitted. It is not up to the defendant or their criminal ...
In the Canadian criminal justice system, every defendant is presumed innocent until proven guilty. The notion of reasonable doubt is intertwined with this presumption of innocence. To rebut the presumption, the prosecution must prove its case to the extent that a reasonable person could not have any reasonable doubt about the defendant's guilt.
The Crown must prove every element of the offence beyond a reasonable doubt. For example, in a case of assault causing bodily harm, the Crown must prove that an assault occurred and that the injuries meet the legal definition of "bodily harm," all beyond a reasonable doubt. Additionally, the Crown must prove the accused's mens rea, or "guilty mind,...
The concept of "beyond a reasonable doubt" is fundamental to the Canadian criminal justice system. It ensures that the burden of proof rests with the Crown and upholds the presumption of innocence. By maintaining this high standard, the justice system aims to prevent wrongful convictions and protect the rights of the accused. Understanding this sta...
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Jun 5, 2019 · Bias is defined as an inclination or prejudice for or against one person or group, especially in a way considered to be unfair. The law distinguishes actual bias from apparent bias. The former is subjective, and deals with the judge’s state of mind, while the latter is objective, and deals with the judge’s conduct and the surrounding ...
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Is a reference to a trial judge a reasonable apprehension of bias?
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Can a person be a judge in a case with an interest?
Proof Beyond a Reasonable Doubt: To find someone guilty of a crime, the judge or jury must find that the accused committed the crime "beyond a reasonable doubt". Beyond a reasonable doubt means the standard of proof is close to absolute certainty but does not mean it has to be 100% certain. It is a higher standard than in civil law.
