Fogal v. Canada
T-790-98
Dubé J.
21/1/99
6 pp.
Motion for Trial Judge's recusal, in judicial review application challenging Crown's jurisdiction to sign Multilateral Agreement on Investment (MAI) on behalf of Canada, for apprehension of bias on basis of past political connection and affiliation in federal Cabinet with named party and potential witness Jean Chrétien-Motion dismissed-Friendship with Mr. Chrétien as between Cabinet colleagues more than 25 years ago-In Samson Indian Nation and Band v. Canada, [1998] 3 F.C. 3 (T.D.) (confirmed on appeal [1998] F.C.J. No. 688 (C.A.) (QL)), Trial Judge there stated that submission that knowing certain individuals involved in governing of Canada or having been member or fund raiser for legal federal party gives rise to reasonable apprehension of bias outrageous and totally irrelevant to issue of reasonable apprehension of bias-Committee for Justice and Liberty et al. v. National Energy Board et al., [1978] 1 S.C.R. 369 standing for proposition prior business association with witness in business organization when neither tribunal member, nor witness, nor organization, had any interest whatsoever in matter to be decided cannot be accepted as basis for reasonable apprehension of bias on application of objective test-In case herein, prior association in Cabinet with Mr. Chrétien from 1968 to 1974 had no relation whatsoever with MAI negotiations commenced in 1995-Once judges take oath of office, they divorce themselves from past and dedicate themselves to new vocation-Duty to render justice without fear or favours.