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In Canadian law, a reasonable apprehension of bias is a legal standard for disqualifying judges and administrative decision-makers for bias. Bias of the decision-maker can be real or merely perceived. The test was first stated in Committee for Justice and Liberty v. Canada (National Energy Board), [1978] 1 S.C.R. 369:
R v. S (RD), [1997] 3 SCR 484, is a leading Supreme Court of Canada decision which established rules governing reasonable apprehension of judicial bias in the court system and the consideration of social context, such as systemic racism, when rendering judgement.
Newfoundland Telephone Co v Newfoundland (Board of Commissioners of Public Utilities), [1992] 1 SCR 623 is a Canadian administrative law case decided by the Supreme Court of Canada concerning the reasonable apprehension of bias. The Court held that the standard of bias may vary depending on the function of the administrative body.
"However, judges of this Court have acknowledged that previous duties within the OTP may, depending on the circumstances, give rise to a reasonable apprehension of bias."
Baker further argued that the duty of fairness owed her by the Minister meant that the decision-makers should be free from any "reasonable apprehension of bias". The court concurred and found on the facts that there was a "reasonable apprehension of bias" in the case of the immigration officer who wrote the notes on the file that were ...
Fair procedures, Constitutional Justice, Bias, Reasonable apprehension, Failure to raise an alleged procedural unfairness at first opportunity. Bula Ltd v Tara Mines Ltd (No 6) [2000] IESC 15; [ 1 ] [2000] 4 IR 412 is a reported Irish Supreme Court case in which the court considered the test for objective bias in Ireland.
“Implicit bias contributes to the problem of racism, but racism is bigger than just implicit bias,” says Tatum. Implicit bias is the subliminal prejudice that can lead to racism.
Administrative tribunals must be free from an appearance of bias - that is, a reasonable person must conclude that an administrative decision-maker is sufficiently free of factors that could interfere with the ability to make impartial judgments (commonly known as the "reasonable apprehension of bias" test). [31]