Reasonable apprehension of bias

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]:

It was further developed in:

Further:

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realistically and practically, could conclude that the decision-maker might well be prone to bias?}}

test suggests in the words "more likely than not". The statement of the test as more likely to be biased than not simply cannot be right. And, as far as I can tell, it has never been endorsed by the Supreme Court of Canada or by this Court as the correct weighing to give to the respective degrees of likelihood in a reasonable apprehension of bias case."}}

Contrary evidence is addressed as follows:

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To have a decision by a public officer or agency set aside for bias, it is thus not necessary to prove without a doubt that prejudice or interest was present; only the existence of circumstances likely to give rise to an apprehension of bias need exist. As explained by Dickson J. of the Supreme Court in Kane v. Board of Governors of the University of British Columbia in discussing the sixth proposition upon which the appeal was based: The court will not inquire whether the evidence did work to the prejudice of one of the parties; it is sufficient if it might have done so."}}

It is a difficult matter to establish case law to support such a proposition. Nevertheless, consider:

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