R. v. Koskie (M.), (1994) 126 Sask.R. 161 (PC)

• Judge: Fenwick, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: October 31, 1994
• Jurisdiction: Saskatchewan
• Citations: (1994), 126 Sask.R. 161 (PC)

R. v. Koskie (M.) (1994), 126 Sask.R. 161 (PC)

MLB headnote and full text

Her Majesty the Queen (respondent) v. Murray Koskie (applicant)

Indexed As: R. v. Koskie (M.)

Saskatchewan Provincial Court

Fenwick, P.C.J.

October 31, 1994.

Summary:

Koskie was a member of the Saskatchewan Legislative Assembly and the governing caucus of the Saskatchewan government. He was charged with several criminal offences. The members of the Saskatchewan Provin­cial Court Judges' Association were suing the Province of Saskatchewan for breach of contract. Koskie sought a ruling that no judge of the Saskatchewan Provincial Court could sit on a preliminary inquiry respecting himself because of an apprehension of bias.

The Saskatchewan Provincial Court held that there was a reasonable apprehension of bias.

Courts - Topic 306

Judges - Independence of judiciary - Koskie was a member of the Saskatchewan Legislative Assembly and the governing caucus of the Saskatchewan government - He was charged with several criminal offences - The members of the Saskatchewan Provincial Court Judges' Association were suing the Province of Saskatchewan for breach of contract - Koskie sought a ruling that no judge of the Saskatchewan Provincial Court could sit on a preliminary inquiry respecting himself because of an apprehension of bias - The Saskatchewan Provincial Court, inter alia, discussed the relationship between judicial independence and apprehension of bias - See paragraphs 42 to 49.

Courts - Topic 691

Judges - Disqualification - Bias - Rea­sonable apprehension of bias - Koskie was a member of the Saskatchewan Legislative Assembly and the governing caucus of the Saskatchewan government - He was charged with several criminal offences - The members of the Saskatchewan Provin­cial Court Judges' Association were suing the Province of Saskatchewan for breach of contract - Koskie sought a ruling that no judge of the Saskatchewan Provincial Court could sit on a preliminary inquiry respecting himself because of an appre­hension of bias - The Saskatchewan Pro­vincial Court held that a reasonable person would have an apprehension of bias by all Saskatchewan Provincial Court judges in these circumstances.

Cases Noticed:

R. v. Sussex Justices; Ex parte McCarthy, [1923] All E.R. Rep. 233; [1924] 1 K.B. 256, refd to. [paras. 7, 8].

Metropolitan Properties Co. (F.G.C.) Ltd. v. Lannon, [1968] 3 All E.R. 304; [1969] 1 Q.B. 577; [1968] 3 W.L.R. 694, refd to. [paras. 8, 16].

Committee for Justice and Liberty Foun­dation et al. v. National Energy Board et al., [1978] 1 S.C.R. 369; 9 N.R. 115, refd to. [paras. 9, 10].

McKenzie v. Canadian Human Rights Commission (1985), 6 C.H.R.R. D/2929 (F.C.T.D.), refd to. [para. 14].

R. v. Tapaquon, [1993] 4 S.C.R. 535; 159 N.R. 321; 116 Sask.R. 81; 59 W.A.C. 81, refd to. [para. 20].

R. v. Mills, [1986] 1 S.C.R. 863; 67 N.R. 241; 16 O.A.C. 81, refd to. [para. 21].

Lippé et autres v. Québec (Procureur général) et autres, [1991] 2 S.C.R. 114; 128 N.R. 1; 39 Q.A.C. 241, refd to. [para. 24].

R. v. Lippé - see Lippé et autres v. Qué­bec (Procureur général) et autres.

R. v. Valente, [1985] 2 S.C.R. 673; 64 N.R. 1; 14 O.A.C. 79, refd to. [para. 44].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 11(d), sect. 24 [para. 21].

Criminal Code, R.S.C. 1985, c. C-46, sect. 122, sect. 380(1)(a) [para. 2].

Provincial Court Act, R.S.S. 1978, c. P-30.1, sect. 12 [para. 23].

Authors and Works Noticed:

Reid, Robert F., Bias and the Tribunals (1970), 20 Univ. Tor. L.J. 119, p. 136 [para. 13].

Counsel:

E.J. Neufeld and G.G. Mitchell, for the Crown;

M.P. Bodnar, Q.C. (Bodnar Kobrynsky), for the accused.

This matter was heard by Fenwick, P.C.J., of the Saskatchewan Provincial Court, who delivered the following decision on October 31, 1994.