R. v. Michell

R. v. Michell

Applying the Supreme Court test for reasonable apprehension of bias, the judge found the Crown's concerns insubstantial: the prior conduct of striking the plea and the scheduling communications did not lead an informed person to conclude it was more likely than not that the judge would not decide fairly; therefore the recusal application was dismissed.

Citation
2002 BCSC 3
Parties
Applicant/crown: Her Majesty the Queen; Accused/respondent: Nelson Tommy Michell; Victim: Glen Dunn
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
2 January 2002
Procedural Posture
Criminal / Pre Trial Recusal Application Prior to Jury Trial (assize Scheduled)
Outcome
Application dismissed.
Legal Topics
Impaired Driving Causing Death, Refusal to Comply With Breathalyzer Demand, Criminal Negligence Causing Death, Reasonable Apprehension of Bias, Judge Disqualification and Recusals
Source Language
English
Criminal Law Judicial Recusal and Bias Procedural Law Impaired Driving Causing Death Refusal to Comply With Breathalyzer Demand Criminal Negligence Causing Death Reasonable Apprehension of Bias Judge Disqualification and Recusals

Case Brief

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Parties

Her Majesty the Queen

Applicant/crown

Nelson Tommy Michell

Accused/respondent

Glen Dunn

Victim

Procedural Posture

Criminal / Pre Trial Recusal Application Prior to Jury Trial (assize Scheduled)

Legal Issues

  1. 1 Whether there is a reasonable apprehension of bias warranting the trial judge's disqualification
  2. 2 Whether the trial judge's striking of a guilty plea and comments constituted prejudicial conduct
  3. 3 Whether prior judicial remarks create a perception of unfairness to the Crown or public

Ratio Decidendi

Applying the Supreme Court test for reasonable apprehension of bias, the judge found the Crown's concerns insubstantial: the prior conduct of striking the plea and the scheduling communications did not lead an informed person to conclude it was more likely than not that the judge would not decide fairly; therefore the recusal application was dismissed.

Court Disposition

Application dismissed.

Orders

  • Application to disqualify Mr. Justice G.P. Fraser dismissed.
  • No disqualification ordered; trial to proceed as scheduled.