In what circumstances will a judge be asked to recuse himself from a case?
British Columbia, Canada
The following excerpt is from de Leon v. Coast Mountain School Dist. No. 82 (No. 2), 1999 CanLII 35173 (BC HRT):
In Samson Indian Nation and Band v. Canada, 1997 CanLII 6390 (FC), [1998] 3 F.C. 3, Teitelbaum J. was asked to recuse himself because of comments he had made on certain issues of law in two previous judgments. He said (at § 58): With due respect, I fail to see how what I said as to the interpretation of the law can give rise to a reasonable apprehension of bias. If this were the case I would never be permitted to sit on a case involving an issue about which I had previously decided. This, of course, would apply to every other judge in Canada who has made a decision on a particular issue.
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