Jean-Pierre v. Canada (Immigration, Refugees and Citizenship)
The motion for recusal was dismissed because a reasonable and well-informed person, applying the test from R. v. S. (R.D.), would conclude that the applicant's disagreement with prior tribunal and judicial review decisions and his conclusions do not establish a reasonable apprehension of bias; the presumption of...
Source-derived case information.
- Citation
- 2017 FCA 200
- Parties
- Applicant: Gandhi Jean-Pierre; Respondent: The Chairperson of the Immigration and Refugee Board of Canada
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 26 September 2017
- Procedural Posture
- Judicial Review — Motion for Recusal / Decision on Motion (recusal)
- Outcome
- Motion for recusal dismissed.
- Legal Topics
- Recusal, Reasonable Apprehension of Bias, Judicial Impartiality, Unanimous Panel
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gandhi Jean-Pierre
Applicant
The Chairperson of the Immigration and Refugee Board of Canada
Respondent
Procedural Posture
Judicial Review — Motion for Recusal / Decision on Motion (recusal)
Legal Issues
- 1 Whether the judge(s) should be recused for reasonable apprehension of bias
- 2 Whether disagreement with prior tribunal and judicial review decisions establishes bias
- 3 Applicability of the presumption of judicial impartiality to a unanimous court of appeal panel
Ratio Decidendi
The motion for recusal was dismissed because a reasonable and well-informed person, applying the test from R. v. S. (R.D.), would conclude that the applicant's disagreement with prior tribunal and judicial review decisions and his conclusions do not establish a reasonable apprehension of bias; the presumption of impartiality, heightened for a unanimous panel, remains intact.
Court Disposition
Motion for recusal dismissed.
Orders
- Motion for recusal dismissed.
Full Case Text
Judgment text and source record
1 paragraphs
Jean-Pierre v. Canada (Immigration, Refugees and Citizenship) Court (s) Database Federal Court of Appeal Decisions Date 2017-09-26 Neutral citation 2017 FCA 200 File numbers A-284-16 Decision Content Date: 20170926 Docket: A-284-16 Citation: 2017 FCA 200 [ENGLISH TRANSLATION] CORAM: PELLETIER J.A. GAUTHIER J.A. TRUDEL J.A. BETWEEN: GANDHI JEAN PIERRE Applicant and THE CHAIRPERSON OF THE IMMIGRATION AND REFUGEE BOARD OF CANADA Respondent Heard at Montréal, Quebec, on September 26, 2017. Order delivered at Montréal, Quebec, on September 26, 2017. REASONS FOR ORDER BY: THE COURT Date: 20170926 Docket: A-284-16 Citation: 2017 FCA 200 CORAM: PELLETIER J.A. GAUTHIER J.A. TRUDEL J.A. BETWEEN: GANDHI JEAN PIERRE Applicant and THE CHAIRPERSON OF THE IMMIGRATION AND REFUGEE BOARD OF CANADA Respondent REASONS FOR ORDER OF THE COURT (Delivered from the Bench at Montréal, Quebec, on September 26, 2017.) [1] The motion for recusal is dismissed. [2] The principle set out in R. v. S. (R.D.), [1997] 3 S.C.R. 484, whereby there is a strong presumption that judges will render justice with complete impartiality, is all the more applicable when it involves rulings by a unanimous court of appeal panel. [3] Essentially, Mr. Jean-Pierre’s motion stems from the fact that he does not agree with the decisions made by the administrative tribunals and those made by the panels that decided applications for judicial review of those decisions. Furthermore, Mr. Jean-Pierre began jumping to conclusions, which led him to utter statements that could have serious consequences if they were repeated. [4] In our view, a reasonable and well-informed person, viewing the motion realistically and practically and having thought the matter through, would in all likelihood conclude that the motion is not well founded and that the Court will make a fair ruling. “J.D. Denis Pelletier” J.A. “Johanne Gauthier” J.A. “Johanne Trudel” J.A. FEDERAL COURT OF APPEAL SOLICITORS OF RECORD DOCKET: A-284-16 STYLE OF CAUSE: GANDHI JEAN PIERRE v. THE CHAIRPERSON OF THE IMMIGRATION AND REFUGEE BOARD OF CANADA PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: September 26, 2017 REASONS FOR ORDER OF THE COURT BY: PELLETIER J.A. GAUTHIER J.A. TRUDEL J.A. DELIVERED FROM THE BENCH BY: THE COURT APPEARANCES: Ghandi Jean-Pierre For the APPLICANT REPRESENTING HIMSELF Zorica Guzina For the respondent SOLICITORS OF RECORD: Nathalie G. Drouin Deputy Attorney General of Canada Ottawa, Ontario For the respondent