Ruling
At the trial level, Judge Corrine Sparks acquitted the youth, for the reason that the only evidence was the testimony of the officer and the youth, and both had reasonable credibility. In the end of her judgement she added,
"I believe that probably the situation in this particular case is the case of a young police officer who overreacted. And I do accept the evidence of Mr. S. that he was told to shut up or he would be under arrest. That seems to be in keeping with the prevalent attitude of the day."
The last phrase became the focus of all the appeals to follow. Judgements needs to be based solely on the evidence while the phrase suggests some preconceived notions.
It was determined at the trial and appeal level that there was an "apprehension of bias" on the part of Sparks.
However, the Supreme Court of Canada allowed the appeal and restored Sparks' acquittal of RDS. The Court noted that
A judge who happens to be black is no more likely to be biased in dealing with black litigants, than a white judge is likely to be biased in favour of white litigants. All judges of every race, colour, religion, or national background are entitled to the same presumption of judicial integrity and the same high threshold for a finding of bias. (para. 115)
A high standard must be met before a finding of reasonable apprehension of bias can be made. Troubling as Judge Sparks’ remarks may be, the Crown has not satisfied its onus to provide the cogent evidence needed to impugn the impartiality of Judge Sparks. Although her comments, viewed in isolation, were unfortunate and unnecessary, a reasonable, informed person, aware of all the circumstances, would not conclude that they gave rise to a reasonable apprehension of bias. (para. 158)
In English law, natural justice is technical terminology for the rule against bias and the right to a fair hearing. While the term natural justice is often retained as a general concept, it has largely been replaced and extended by the general "duty to act fairly".
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"Driving while black" (DWB) is a sardonic description of racial profiling of African-American motor vehicle drivers. It implies that a motorist may be stopped by a police officer largely because of racial bias rather than any apparent violation of traffic law. It is a word play of "driving while intoxicated."
R v Mann is a 2004 decision of the Supreme Court of Canada.
The judicial system of Israel consists of secular courts and religious courts. The law courts constitute a separate and independent unit of Israel's Ministry of Justice. The system is headed by the President of the Supreme Court and the Minister of Justice.
Baker v Canada (Minister of Citizenship and Immigration), [1999] 2 SCR 817 is a leading Canadian administrative law decision of the Supreme Court of Canada. The Court provided guidance on the standard of judicial review of administrative decisions. The issue was what standard of procedural fairness should be applied when considering the judicial review of the waiver of the requirement that applications for permanent residence be filed from abroad. The case also clarified the need for written reasons in some administrative decisions.
Graham v. Connor, 490 U.S. 386 (1989), was a United States Supreme Court case in which the Court determined that an objective reasonableness standard should apply to a civilian's claim that law enforcement officials used excessive force in the course of making an arrest, investigatory stop, or other "seizure" of his or her person.
In Canadian law, a reasonable apprehension of bias is a legal standard for disqualifying judges and administrative decision-makers for bias. Bias of the decision-maker can be real or merely perceived.
Margaret Anne McMurdo is the former president of the Queensland Court of Appeal. Appointed on 30 July 1998, she was the first female president of an appellate court in Australia. She resigned effective 24 March 2017 after more than 18 years as a justice of the Court of Appeal.
"Contempt of cop" is law enforcement jargon in the United States for behavior by people toward law enforcement officers that the officers perceive as disrespectful or insufficiently deferential to their authority. It is a play on the phrase contempt of court, and is not an actual offense. The phrase is associated with unlawful arbitrary arrest and detention of individuals, often for expressing or exercising rights guaranteed to them by the United States Constitution. Contempt of cop is often discussed in connection to police misconduct such as use of excessive force or even police brutality as a reaction to perceived disrespectful behavior rather than for any legitimate law enforcement purpose.
Bias is one of the grounds of judicial review in Singapore administrative law which a person can rely upon to challenge the judgment of a court or tribunal, or a public authority's action or decision. There are three forms of bias, namely, actual, imputed and apparent bias.
Following the common law system introduced into Hong Kong when it became a Crown colony, Hong Kong's criminal procedural law and the underlying principles are very similar to the one in the UK. Like other common law jurisdictions, Hong Kong follows the principle of presumption of innocence. This principle penetrates the whole system of Hong Kong's criminal procedure and criminal law. Viscount Sankey once described this principle as a 'golden thread'. Therefore, knowing this principle is vital for understanding the criminal procedures practised in Hong Kong.
Ham v. South Carolina, 409 U.S. 524 (1973), was a United States Supreme Court decision concerning examinations of prospective jurors during voir dire. The Court held that the trial court's failure to "have the jurors interrogated on the issue of racial bias" violated the petitioner's due process right under the Fourteenth Amendment. This right does not extend to any question of bias, but it does not preclude questions of relevant biases.
Newfoundland Telephone Co v Newfoundland (Board of Commissioners of Public Utilities), [1992] 1 SCR 623 is a Canadian administrative law case decided by the Supreme Court of Canada concerning the reasonable apprehension of bias.
Procedural impropriety in Singapore administrative law is one of the three broad categories of judicial review, the other two being illegality and irrationality. A public authority commits procedural impropriety if it fails to properly observe either statutory procedural requirements, or common law rules of natural justice and fairness.
Collins v. Virginia, No. 16-1027, 584 U.S. ___ (2018), was a case before the US Supreme Court involving search and seizure. At issue was whether the Fourth Amendment's motor vehicle exception permits a police officer uninvited and without a warrant to enter private property, approach a house, and search a vehicle parked a few feet from the house that is otherwise visible from off the property. In an 8–1 judgement, the Supreme Court ruled that the automobile exception does not apply to vehicles parked within the home or the curtilage of a private homeowner.
Bula Ltd v Tara Mines Ltd [2000] IESC 15; [2000] 4 IR 412 is a reported Irish Supreme Court case in which the court considered the test for objective bias in Ireland. During this case the Supreme Court considered:
- whether Supreme Court has jurisdiction to set aside its own previous order;
- whether an appellant must show real likelihood of bias or whether reasonable apprehension of bias suffices; and
- whether a prior relationship of legal advisor and client would disqualify a judge.
Corrine Sparks is a Canadian judge. She was the first Black Canadian woman to become a judge in Canada, and the first black judge in the province of Nova Scotia. Her decision in the case R v S (RD), which was controversially overturned on appeal, was later upheld by the Supreme Court of Canada in a leading decision on reasonable apprehension of bias.
R v Stairs, 2022 SCC 11 is a constitutional rights decision of the Supreme Court of Canada. The Court established new standards for searches of a person's home after they have been arrested. At issue in the case was whether the traditional common law power of Search Incident to Arrest, which allows police officers to engage in warrantless searches of lawfully arrested persons, was compliant with section 8 of the Charter of Rights and Freedoms as it related to searches of the home.
