JUDGES AND COURTS |
Suresh v. Canada (Minister of Citizenship and Immigration)
A-685-98
Létourneau J.A.
27/6/00
5 pp.
Allegation of bias--Appeal from order of Teitelbaum J. ((1998), 160 F.T.R. 107) declining to recuse himself--Teitelbaum J. upheld security certificate against appellant --Latter kept in detention--Agreed to terms and conditions for release, including $40,000 money deposit, subsequently released from detention--Appellant filed complaint with Canadian Judicial Council against Teitelbaum J. for having publicly released in reasons for decision of August 29, 1997 confidential information--Teitelbaum J. properly concluded appellant failed to raise issue of reasonable apprehension of bias at earliest practicable opportunity, that is, before Court when heard appeal against terms and conditions of release--Appellant could, should have raised at that time issue of bias detected after issuance of reasons for decision delivered on March 20, 1998--Could have raised concerns about propriety of remitting matter to same judge--Person well informed of all circumstances, nature of complaint would not conclude they give rise to reasonable apprehension of bias--Appellant could, should have sought leave to appeal decision if felt error to remit matter to Teitelbaum J.--Appeal dismissed.