In Canadian law, a reasonable apprehension of bias is a legal standard for disqualifying judges and administrative decision-makers for bias. 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), 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