What is the test for impartiality under section 653.1 of the Criminal Code of Canada?
Ontario, Canada
The following excerpt is from R. v. Windebank, 2014 ONSC 5135 (CanLII):
I find that the concept of the “interests of justice” as contained in section 653.1 encompasses concerns relating to the integrity of the criminal process, which include the right to be tried only by an impartial judge. In Valente v. The Queen 1985 CanLII 25 (SCC), [1985] 2 S.C.R. 673 at p.685, Le Dain J. held that the concept of impartiality describes “a state of mind or attitude of the tribunal in relation to the issues and the parties in a particular case”. He added that “[t]he word ‘impartial’… connotes absence of bias, actual or perceived”.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for an individual to challenge the effect of section 7 of the Criminal Code of Canada s.7(1) of the Charter of Canada? (Ontario, Canada)
What is the test for branch 1 of the section 12 exemption under section 12 of the Criminal Code of Canada? (Ontario, Canada)
In what circumstances will the Court of Appeal in Canada accept a request from a party to travel to Canada from a court in Canada to request to travel abroad? (Ontario, Canada)
What is the test for obtaining a search warrant and consent authorization under section 487 and section 184.2 of the Criminal Code? (Ontario, Canada)
What is the scope of section 15 of s. 7 of the Criminal Code of Canada? (Ontario, Canada)
What is the test for an offence under section 281 of the Criminal Code of Canada? (Ontario, Canada)
Is an attempt to commit a crime known to law, that was thwarted by chance, still a criminal attempt under section 24(1) of the Criminal Code? (Ontario, Canada)
Is section 172.1 of the Criminal Code of Canada constitutionally valid? (Ontario, Canada)
What is the test for proving a prima facie breach of section 15(1) of the Criminal Code of Canada? (Ontario, Canada)
Does the applicant need to refer to section 834 of the Rules of Civil Procedure and Procedure in the context of Section 834(1) of the Criminal Code? (Ontario, Canada)
