Reasonable Apprehension Of Bias
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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 is a disproportionate weight ''in favor of'' or ''against'' an idea or thing, usually in a way that is closed-minded, prejudicial, or unfair. Biases can be innate or learned. People may develop biases for or against an individual, a group .... 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)''_1_S.C.R._369.html" ;"title="978">[1978/nowiki> 1 S.C.R. 369">978">[1978/nowiki> 1 S.C.R. 369 It was further developed in:Melo Sanchez v. Canada, 2011 FC 68 Further:R. v. Adam et al, 2006 BCSC 1540 (CANLII) : Contrary evidence is addressed as follows: : It is a difficult matter to establish case law to support such a proposition. Nevertheless, consider: : Definition of apprehension The dictionary definition o ...
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Canadian Law
The legal system of Canada is Legal pluralism, pluralist: its foundations lie in the English common law system (inherited from its period as a colony of the British Empire), the Napoleonic Code, French civil law system (inherited from its New France, French Empire past), and Canadian Indigenous law, Indigenous law systems developed by the various Indigenous peoples of Canada, Indigenous Nations. The Constitution of Canada is the supreme law of the country, and consists of written text and unwritten conventions. The ''Constitution Act, 1867'' (known as the British North America Acts, British North America Act prior to 1982), affirmed governance based on parliamentary precedent and divided powers between the federal and provincial governments. The Statute of Westminster 1931 granted full autonomy, and the ''Constitution Act, 1982'' ended all legislative ties to Britain, as well as adding a constitutional amending formula and the ''Canadian Charter of Rights and Freedoms''. The ''Cha ...
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Bias
Bias is a disproportionate weight ''in favor of'' or ''against'' an idea or thing, usually in a way that is closed-minded, prejudicial, or unfair. Biases can be innate or learned. People may develop biases for or against an individual, a group, or a belief. In science and engineering, a bias is a systematic error. Statistical bias results from an unfair sampling of a population, or from an estimation process that does not give accurate results on average. Etymology The word appears to derive from Old Provençal into Old French ''biais'', "sideways, askance, against the grain". Whence comes French ''biais'', "a slant, a slope, an oblique". It seems to have entered English via the game of bowls, where it referred to balls made with a greater weight on one side. Which expanded to the figurative use, "a one-sided tendency of the mind", and, at first especially in law, "undue propensity or prejudice". Types of bias Cognitive biases A cognitive bias is a repeating or basic mi ...
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Conflict Of Interest
A conflict of interest (COI) is a situation in which a person or organization is involved in multiple interests, financial or otherwise, and serving one interest could involve working against another. Typically, this relates to situations in which the personal interest of an individual or organization might adversely affect a duty owed to make decisions for the benefit of a third party. An "interest" is a commitment, obligation, duty or goal associated with a particular social role or practice. By definition, a "conflict of interest" occurs if, within a particular decision-making context, an individual is subject to two coexisting interests that are in direct conflict with each other. Such a matter is of importance because under such circumstances the decision-making process can be disrupted or compromised in a manner that affects the integrity or the reliability of the outcomes. Typically, a conflict of interest arises when an individual finds themselves occupying two soc ...
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