Is sarcastic or harsh language sufficient to prove that a presiding member has lost his impartiality?
Canada (Federal), Canada
The following excerpt is from Kankanagme v. Canada (Minister of Citizenship and Immigration), 2004 FC 1451 (CanLII):
While such conduct is not to be encouraged, the law is clear - sarcastic or harsh language is not, by itself sufficient to demonstrate that the member has lost his impartiality: Variach v. Canada (Minister of Employment and Immigration), (1994), 75 F.T.R. 143. On the basis of the record before me, I am not prepared to find bias on the part of the presiding member based solely on his conduct in the course of the hearing.
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