What is the duty of impartiality of a judge?
British Columbia, Canada
The following excerpt is from R. v. Huber, 2007 BCSC 1074 (CanLII):
The principles that define the nature of a judge's duty of impartiality were dealt with in Wewaykum Indian Band v. Canada, [2003] 2 S.C.R. 259, 2003 SCC 45. The duty of impartiality requires that judges approach all cases with an open mind (see para. 58). There is a presumption of impartiality. The burden of proof is on the party alleging a real or apprehended breach of the duty of impartiality, who must establish actual bias or a reasonable apprehension of bias.
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