What is the impact of unnecessary recusal by a trial judge?

Alberta, Canada


The following excerpt is from R v LL, 2013 ABQB 531 (CanLII):

Subsequently Justice Côté in Boardwalk Reit LLP v. Edmonton (City), 2008 ABCA 176 at paras. 93-108, 437 A.R. 199 stressed the disruptive effects of an unnecessary recusal by a trial judge: 1. recusal is a mechanism to engage in “judge shopping” (paras. 96-99); 2. recusal inevitably causes expense to the public and parties (paras. 100-102); 3. unnecessary recusal tarnishes the reputation of the courts with the result that “... the courts and all Canadian justice would look at least incompetent and Dickensian” (para. 103); 4. recusal may eliminate the available judicial pool (para. 104); 5. recusal may impede the rarely exercised but important right of a judge to sue on his or her own behalf (para. 105); 6 overly aggressive approaches to recusal subvert attempts to operate courts in an efficient manner and delay justice (paras. 106-107); and 7. some prior connection between a judge and potential litigants is almost inevitable (paras. 14-19, 108). B. Positions of the Parties 1. The Crown

Other Questions


What is the difference between a chambers judge and a trial judge? (Alberta, Canada)
Can a summary trial be held without a trial judge? (Alberta, Canada)
Can a judge override a trial judge's decision that a shared parenting arrangement is working well? (Alberta, Canada)
What are the arguments raised by the trial judge in a motor vehicle accident case for damages for years lost by a plaintiff who is not injured but injured? (Alberta, Canada)
What is the effect of the trial judge's disapproval of how the police gathered evidence during the investigation? (Alberta, Canada)
Does s. 717(4) of the English Draft Code (a) prohibit a judge from making a sentence for a second offence that is already been imposed by another judge in the case in which he is sentencing? (Alberta, Canada)
What is the standard of review of a learned trial judge’s decision? (Alberta, Canada)
Can a trial judge extrapolate back that because a cow became sick, it must have been exposed to hydrocarbons? (Alberta, Canada)
Can a statement "let’s make sure we kill all the pigs” be excluded by the trial judge? (Alberta, Canada)
Can a trial judge be barred from proceeding on the principle that a reasonable apprehension of bias exists? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.