What is the relevant inquiry into the impartiality of a judge?
Alberta, Canada
The following excerpt is from Rosenstock v. College of Physicians & Surgeons (Alberta), 1988 CanLII 3572 (AB QB):
The relevant inquiry was considered in Leeson v. Gen. Council at pp. 384-85: … it must be in all cases a question of substance and of fact whether one of the judges has in truth also been an accuser. The question which has to be answered by the tribunal which has to decide – the legal tribunal before which the controversy is waged – must be: Has the judge whose impartiality is impugned taken any part whatever in the prosecution, either by himself or by his agents?
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