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Simon Shields, LLB

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Bias

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), [1978] 1 S.C.R. 369, at pp. 394-395.

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