What is the current state of the law on recusal from military courts?
Canada (Federal), Canada
The following excerpt is from Cogswell C.H. (Bombardier), R. v., 2020 CM 2014 (CanLII):
Judges must be particularly mindful that a decision to recuse himself or herself on what is otherwise inadequate grounds in general, promotes judge shopping, disrupts the proper disposition of the case and wastes scarce court resources (see Alberta Health Services v. Wang, 2018 ABCA 104) and should be discouraged in every instance. Based on the current situation, it is inherently obvious that the greatest danger to the integrity of the military justice system is endorsing the status quo which has the second order effect of encouraging an accused to seek a favourable result simply by trying to have the most favourable judge assigned.[7]
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