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Canadian law The legal system of Canada is pluralist: its foundations lie in the English common law system (inherited from its period as a colony of the British Empire), the French civil law system (inherited from its French Empire past), and Indigenous ...
, 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)''
[1978
/nowiki>_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 of apprehension, outside of the Canadian legal context, provides two distinct meanings: anxiety about something, or the perception or grasp of something. It does not appear that a reasonable person—most likely a reasonable ''Canadian'' person—is required to differentiate along this axis in specific terms when affirming legal apprehension of bias.


See also

* Conflict of interest * ''R. v. R.D.S.'' (1997) * ''Arsenault-Cameron v. Prince Edward Island'' (2000)


References

{{reflist Law of Canada