Barrister and Solicitor
Legal Writing and Research
R v Siddiqi (Ont CA, 2015)
In this case the Court of Appeal characterized the test for adjudicator bias as follows:
To ascertain whether a reasonable apprehension of judicial bias exists, one must ask the question: “What would an informed person, viewing the matter realistically and practically – and having thought the matter through – conclude? Would he think that it is more likely than not that [the decision-maker], whether consciously or unconsciously, would not decide fairly?” Committee for Justice and Liberty v. National Energy Board, 1976 CanLII 2 (SCC),  1 S.C.R. 369, at pp. 394-395.