R. v. Naugle

R. v. Naugle

The recusal application was dismissed because the applicant failed to show a reasonable apprehension of bias; adverse credibility or legal‑merit findings made years earlier in unrelated proceedings do not per se disqualify a judge, the presumption of impartiality prevails absent cogent evidence, and a judge cannot...

Source-derived case information.

Citation
2016 NSPC 8
Parties
Crown: Her Majesty the Queen; Defendant: Dustin Blake Naugle
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
23 February 2016
Procedural Posture
Criminal / Pre Trial Bail Hearing — Recusal Application
Outcome
Recusal application dismissed.
Legal Topics
Recusal, Reasonable Apprehension of Bias, Bail, Section 11(d) Charter Right to Impartial Tribunal, Judicial Conduct
Source Language
english
Criminal Law Judicial Recusal and Impartiality Constitutional Law Recusal Reasonable Apprehension of Bias Bail Section 11(d) Charter Right to Impartial Tribunal Judicial Conduct

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Summary, issues, holding and outcome

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Parties

Her Majesty the Queen

Crown

Dustin Blake Naugle

Defendant

Procedural Posture

Criminal / Pre Trial Bail Hearing — Recusal Application

Legal Issues

  1. 1 Whether prior adverse judicial findings about a proposed surety create a reasonable apprehension of bias requiring recusal
  2. 2 Whether findings made in unrelated, earlier proceedings disqualify a judge from later presiding over bail or trial involving the same person
  3. 3 Whether a judge may be called as a witness about their own prior judicial remarks

Ratio Decidendi

The recusal application was dismissed because the applicant failed to show a reasonable apprehension of bias; adverse credibility or legal‑merit findings made years earlier in unrelated proceedings do not per se disqualify a judge, the presumption of impartiality prevails absent cogent evidence, and a judge cannot be called to testify about prior judicial proceedings.

Court Disposition

Recusal application dismissed.

Orders

  • Recusal application dismissed.
  • Bail hearing scheduled to proceed on 4 March 2016 at 1330 hrs.