Grade 12 law

It is a cornerstone of the Canadian adversarial system that the lawyers gather the evidence, form the arguments, and present those arguments, while the judge or decision-maker applies the law impartially to decide the outcome. If there is evidence of bias on the part of the judge that meets the criteria of the reasonable apprehension of bias test, such as in this particular case, it is important that the justice system have a means of reviewing the decision to ensure fairness is achieved and the public remains confident in the justice system. In the chart below, use the test of reasonable apprehension of bias to decide whether you think the decision-maker would be able to decide the matter fairly. Remember that the reasonable apprehension of bias test is concerned with the presence of actual bias, or the perception that bias exists. Discuss your answers. Scenario Reasonable No Reasonable Unsure Apprehension Apprehension Of Bias Of Bias The trial judge does not like the Crown Attorney The trial judge does not accept the defendant's statement that race was a factor because the trial judge does not believe the defendant is telling the truth The trial judge does not allow counsel to admit evidence that would support a theory of racial profiling because the evidence was improperly obtained The trial judge does not allow counsel to admit evidence of racial profiling because the trial judge does not want the issue raised The judge is a good friend of the defence lawyer The judge repeatedly interrupts counsel to ask him or her questions during cross- examination and formal submissions The accused is a teacher at the judge's daughter's school The judge lives in the same neighbourhood as the accused The judge's partner works at the defence counsel's law firm