Friday, May 24, 2013

Judicial officers properly judge their own conduct

R. v. S.M., 2013 ONCA 333 holds there is no difficulty with judicial officers judging their own conduct:

[23]       As noted, the applicant submits that this court should take into consideration that the trial judge was assessing her own conduct. I do not see the relevance of this point. There are many occasions on which judges must assess their own conduct, such as the appropriateness of particular jury instructions and rulings on mistrial applications for reasonable apprehension of bias. In such circumstances, it is assumed that judges execute their functions in a judicious and impartial manner. I see no reason to conclude that the trial judge did otherwise in this case. The trial judge thoughtfully assessed her own conduct and attributed delay to her actions where appropriate.

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