What is the test for a judge to decide a case without any interference from the Chief Justice?
Canada (Federal), Canada
The following excerpt is from High-Crest Enterprises Limited v. Canada, 2017 FCA 88 (CanLII), [2018] 2 FCR 3:
Under this fundamental principle, a judge must be allowed to decide a case without any interference, even interference by a Chief Justice: see, e.g., MacKeigan v. Hickman, 1989 CanLII 40 (SCC), [1989] 2 S.C.R. 796, 61 D.L.R. (4th) 688. Associated with this is the principle that “she or he who heard must decide,” a century-old idea lying at the core of fundamental fairness and natural justice.
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