In Ahumada v. Canada (Minister of Citizenship and Immigration), what did the Federal Court of Appeal decide was the test for bias in those circumstances?

Question

Quizplus · Accepted Answer

The Federal Court of Appeal decided that the test for bias in those circumstances was whether a reasonable person, informed of the facts, would think it more likely than not that the tribunal was biased (option B). This test is often referred to as the reasonable apprehension of bias test. Option A is incorrect because clear evidence proving bias beyond all reasonable doubt is not required, as bias may not always be obvious or provable in that manner. Option C is incorrect as it asks about the subjective belief of a panel member, whereas the test is concerned with the perception of a reasonable person. Option D is incorrect as the test is an objective one that does not depend on the feelings of the person alleging bias. Option E is also incorrect as willful and deliberate bias is not necessary to establish bias under the reasonable apprehension of bias test.

In Ahumada V