Can a duty judge recusal from a matter where there is evidence of bias?

Manitoba, Canada


The following excerpt is from R. v. Baldovi et al, 2016 MBQB 90 (CanLII):

Any duty judge, in the course of his or her responsibilities as the duty judge, may decide that a case or an issue before him/her gives rise to an issue of bias (real or apprehended) that might lead to his/her recusal. Any decision in that regard, taken or not taken by a judge in relation to a given matter, may subsequently be reviewed (as is occurring in the present case) on the basis of the governing objective test set out in, amongst other places, Committee for Justice and Liberty v. Canada, supra.

Other Questions


In the context of a custody and access matter, can a judge be found to have made an error in a family law matter? (Manitoba, Canada)
What is the authority of the trial judge to order a retroactive order from the interim judge? (Manitoba, Canada)
What is the burden of proving bias against the trial judge? (Manitoba, Canada)
What is the standard of review of a motion judge's decision not to interfere with the decision of the motion judge? (Manitoba, Canada)
How has the wife argued that the matter of whether the son is to be enrolled in a football program was a matter of discipline? (Manitoba, Canada)
In what circumstances will a judge draw adverse inferences when evidence is not available? (Manitoba, Canada)
Can a judge who is a member of an Episcopal Church be found to be bias in judgment? (Manitoba, Canada)
In a motion for directed verdict, in what circumstances will the trial judge not have considered the evidence of Timothy? (Manitoba, Canada)
What is the decisive ground of appeal in a sexual assault case where the trial judge failed to relate the evidence crucial to the defence to the issues to be decided by the jury? (Manitoba, Canada)
What is the test for oral evidence in a personal injury action? (Manitoba, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.