What is the test for a judge to determine whether the judge was primarily concerned with the welfare of Justice?

British Columbia, Canada


The following excerpt is from July v. Lapointe, 2010 BCSC 433 (CanLII):

Upon reviewing the judge’s questioning of the appellant, and his reasons, I have no doubt at all that he was primarily concerned with the welfare of Justice. It is trite law that the dominant consideration to which all other considerations must remain subordinate must be the welfare of the child (King v. Low, 1985 CanLII 59 (SCC), [1985] S.C.J. No. 7, [1985] 1 S.C.R. 87 (S.C.C.)).

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