Zündel, Re

Zündel, Re

Motion dismissed: the appellant waived the objection by failing to raise the historical ministerial link earlier; the ministerial role was remote in time and substance with no evidence of involvement in the specific matters at issue; passage of time and the presumption of judicial impartiality mean a reasonable, informed person would not conclude bias; thus no reasonable apprehension of bias established.

Citation
2003 FC 1484
Parties
Respondent: Ernst Zündel; Minister/applicant: The Minister; Intervener: Canadian Security Intelligence Service / Solicitor General
Court
Federal Court
Jurisdiction
Canada
Judgment Date
17 December 2003
Procedural Posture
Referral Under the Immigration and Refugee Protection Act; Recusal Motion / Motion for Recusal (pre Decision on Certificate Referral)
Outcome
Motion dismissed
Legal Topics
Recusal, Reasonable Apprehension of Bias, Waiver, Passage of Time, Disclosure Obligations, State Security Agency Involvement
Source Language
English
Administrative Law Immigration Law Public Law National Security Recusal Reasonable Apprehension of Bias Waiver Passage of Time +2 more

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Parties

Ernst Zündel

Respondent

The Minister

Minister/applicant

Canadian Security Intelligence Service / Solicitor General

Intervener

Procedural Posture

Referral Under the Immigration and Refugee Protection Act; Recusal Motion / Motion for Recusal (pre Decision on Certificate Referral)

Legal Issues

  1. 1 Whether the judge should recuse based on prior role as Solicitor General
  2. 2 Whether a reasonable apprehension of bias exists given past ministerial responsibility for CSIS
  3. 3 Whether the respondent waived the right to object by not raising the issue sooner

Ratio Decidendi

Motion dismissed: the appellant waived the objection by failing to raise the historical ministerial link earlier; the ministerial role was remote in time and substance with no evidence of involvement in the specific matters at issue; passage of time and the presumption of judicial impartiality mean a reasonable, informed person would not conclude bias; thus no reasonable apprehension of bias established.

Court Disposition

Motion dismissed

Orders

  • Motion for recusal dismissed