Ahani v. Canada ( Minister of Citizenship and Immigration )
DES-4-93
Denault J.
27/11/98
7 pp.
Reasonable apprehension of bias-Applicant detained after danger opinion issued against applicant (terrorism, violence) confirmed in Trial Division-Applicant filed notice of motion for order releasing him from detention pursuant to Immigration Act, s. 40.1(8)-At outset of hearing, applicant's counsel filed motion for recusation of presiding judge on basis should not hear application for release from detention as had previously made general finding applicant lacked credibility when confirmed danger opinion-Argument consideration by same judge would give rise to reasonable apprehension of bias-Motion for recusation dismissed-Informed person would conclude there can be no apprehension of bias on part of judge merely because he has, in course of judicial duties, expressed his conclusion as to proper findings on evidence before him, having given full consideration to parties' submissions with regard thereto-No other factors indicating predisposition by adjudicator relative to issue to be decided at second hearing-Although individual had interest in fair procedure, state had considerable interest in effectively conducting national security and criminal intelligence investigations and in protecting police sources-Also, any judge selected or designated to hear application for release of person pursuant to Act, s. 40.1(8) bound, subject to Act, s. 40.1(9) and (10), by certificate previously issued pursuant to Act, s. 40.1(14)-Consequently, fully informed person, well aware of this requirement of Act and of certificate previously issued against applicant, will undoubtedly appreciate narrow parameters to be observed by designated judge called upon to hear application for order releasing applicant from detention-Immigration Act, R.S.C., 1985, c. I-2, s. 40.1 (as enacted by R.S.C., 1985 (4th Supp.), c. 29, s. 4; S.C. 1992, c. 49, s. 31), (8) (9), (10), (14).