Does the doctrine of reasonable apprehension of bias operate without restriction?

Saskatchewan, Canada


The following excerpt is from Agrium Vanscoy Potash Operations v United Steel Workers Local 7552, 2014 SKCA 79 (CanLII):

In other words, there is room for the doctrine of reasonable apprehension of bias to operate without restriction in circumstances of the sort in issue here. Referring the grievance to a new arbitrator would both overcome any bias problem and, at the same time, allow the grievance to be resolved. As a result, if there is a reasonable apprehension that the arbitrator in this case is biased in relation to the question of the remedy which should be awarded to the Union, then that issue should not be remitted to her. Instead, it should be remitted to a new or different arbitrator. This is not a case like Judges v. Saskatchewan (Attorney General), 1937 CanLII 368 (UK JCPC), [1937] 2 D.L.R. 209 (P.C.) where, of necessity, a specific decision-maker must deal with a matter even in the face of concerns about impartiality.

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