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What does “apprehended bias” mean?
What is the test for apprehended bias?
What is reasonable apprehension of bias?
Can an Adjudicator have a reasonable apprehension of bias?
Does the law on actual and apprehended bias remain appropriate?
What happens if a judge shows apprehended bias?
Sep 15, 2020 · This form of bias arises when a decision maker prematurely expresses a conclusion on an issue of fact (or of mixed and law) that must be decided in the course of making the decision. However, the mere expression of a view is not sufficient to create an apprehension of bias.
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.
Oct 21, 2021 · “Apprehended bias” refers to anything that may lead the informed and reasonable observer to form a reasonable apprehension that the adjudicator might decide the case on some basis other than the evidence and the law.
Jun 6, 2023 · Reasonable apprehension of bias may arise in relation to an adjudicator. The test in Committee for Justice and Liberty et al v. National Energy Board et al remains the standard for determining whether an adjudicator has a reasonable apprehension or reasonable likelihood of bias warranting recusal.
Dec 7, 2023 · Apprehended bias, also known as apparent bias, arises when a fair minded and impartial observer, upon considering the circumstances, might reasonably perceive that a judge harbors a predisposition towards one party or the other.
The basic test is whether a fair-minded lay observer with knowledge of the material objective facts might reasonably apprehend that the judicial or administrative decision-maker might not bring an impartial and unprejudiced mind to the resolution of the question at hand.1 It is equally well-established that, while the same objective test applies...
Sep 30, 2022 · More commonly, the focus is on appearances: a party will try to show that the circumstances might give rise to a reasonable perception that the judge might be biased (for example, because the judge is close friends with one of the witnesses). This is known as ‘apprehended bias’ (JI1.9).
