What is the effect of comments by a judge that generalizations are made based on generalizations?

Ontario, Canada


The following excerpt is from R. v. Ururyar, 2016 ONCJ 448 (CanLII):

[505] Neither the parties nor the informed and reasonable observer should be led to believe by the comments of the judge that decisions are made based on generalizations. It is important that judges be aware of the social reality that support decisions based on an examination of the objectives of the legislation before him or her. One statement of the content and purpose of this doctrine is outlined in Varcoe v. Lee et al. (1919), 180 Cal. 338, 181 P. 223, at page 226: “The three requirements . . . — that the matter be one of common and general knowledge, that it be well established and authoritatively settled, be practically indisputable, and that this common, general, and certain knowledge exist in the particular jurisdiction — all are requirements dictated by the reason and purpose of the rule, which is to obviate the formal necessity for proof when the matter does not require proof.”

Other Questions


Is a grievor’s base rate of pay based on her actual income (which is inclusive of overtime and other premium rates), not just her base rate pay? (Ontario, Canada)
What is the effect of a motion judge's order of the motions judge on a support order? (Ontario, Canada)
What is the test for appellate judges to review a discretionary decision by a motions judge? (Ontario, Canada)
What is the effect of counsel asking for an adjournment and recusal of a judge? (Ontario, Canada)
What is the residual effect of a judge asking to issue a search warrant? (Ontario, Canada)
What is the effect of a judge's decision to strike down the living on the avails and communicating provisions of the Criminal Code? (Ontario, Canada)
What is the effect of a trial judge's charge as to the complaint? (Ontario, Canada)
Does s. 507(3) or s. 577(2) of the Criminal Code require a written consent from a judge of the court or by the Attorney General? (Ontario, Canada)
Can a comment be considered a fact or comment? (Ontario, Canada)
In what circumstances will a judge in a sexual assault case be found to have objected to the words of the Judge at the trial of the accused? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.