What is the legal test for bias in a trial judge?
Ontario, Canada
The following excerpt is from R. v. Zheng, 2014 ONCA 345 (CanLII):
While the comment was unfortunate, in our view, and would have better been left unsaid, we are not persuaded it would give rise to a reasonable apprehension of bias, as that concept is described in the jurisprudence. It would not have led a reasonable and right-minded person, informed and viewing the matter realistically and practically, and who had thought the matter through carefully, to conclude that the trial judge was biased: see R v. R.D.S., 1997 CanLII 324 (SCC), [1997] 3 S.C.R. 484, at para. 111. The threshold for a finding of bias is necessarily high because such a finding calls into question the integrity of the administration of justice: R.D.S., at paras. 112, 117.
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