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Daniel Freudman
Daniel Freudman, Lawyer
Category: Canada Law
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Experience:  Lawyer
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If friends of an accused individual identified an

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If friends of an accused individual identified an independent misogynist facebook post by the Judge and made that facebook post a point of controversy by sharing, contacting the judge, womans groups etc. and the judge took down his facebook page as a result, is it possible this could have an adverse affect on the accused to the point where the accused could/should ask the judge to recuse himself? What would be the proper basis in law for making such an application if there is merit to it?
Submitted: 11 months ago.
Category: Canada Law
Expert:  Daniel Freudman replied 11 months ago.

If the judge is aware that the accused is friends with the individual who brought about all the controversy / outed the judge as a misogynist / caused him to take down his facebook page, then this could certainly lead to a reasonable apprehension of bias such as to warrant an application to have the judge recused. I would say the basis is just that- a reasonable apprehension of bias- the accused's right to a fair trial by an independent and impartial adjudicator (as guaranteed by the Charter) is seriously jeopardized on account of the fact the judge may very well hold some conscious or subconscious animus towards the accused as a result of the friend's actions.

Expert:  Daniel Freudman replied 11 months ago.

Hopefully my answer was of assistance. Would you kindly provide me with a positive rating so I can receive payment for my services. Thank you

Expert:  Daniel Freudman replied 11 months ago.

Sorry to bother you, but would you kindly provide me with a positive rating so I can receive payment for my services. Thank you

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