Can a trial judge be barred from proceeding on the principle that a reasonable apprehension of bias exists?
Alberta, Canada
The following excerpt is from R. v. Teskey, 1995 CanLII 9041 (AB QB):
In Hart v. R. an application to prohibit the trial judge from proceeding based upon the principle that a reasonable apprehension of bias exists was granted. The court held [p. 476] that "the learned Judge made a statement of general application as to the accused's respect for the oath …" and therefore a reasonable apprehension of bias exists. That was not the case in the trial in February 1992.
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