Who is the informed and reasonable person who might perceive judicial bias? R v Edwards, 2024 SCC 15

The criteria for establishing perceived judicial bias have been summarised and applied in R v Edwards, 2024 SCC 15.

This case is about whether the composition of courts martial in Canada infringes the s 11(d) Charter right to an independent and impartial tribunal.

But of wider interest is the description of the attributes of the informed and reasonable person. The issue is whether such a person would perceive the tribunal as independent.

At [84]-[85] it is observed that there is a strong presumption of judicial impartiality. The reasonable and informed person, according to the established jurisprudence,

has knowledge of all the relevant circumstances

views the matter realistically and practically

is apprised of and takes into account all relevant circumstances

is well informed

is alive to the relevant contextual considerations

is right minded

thinks the matter through

applies themself to the question and obtains the relevant information

has a degree of mature and informed judgement

Even so, there can be judicial differences over what conclusion such a reasonable and informed person would reach. This case produced a dissent from Karakatsanis J. The difficulties can readily be appreciated from her judgment, particularly at [152]-[153], [161], [168], [185]-[193], and [194]-[208].