R. v. McAlpine, (1979) 19 A.R. 243 (QB)

• Judge: Cavanagh, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: July 24, 1979
• Citations: (1979), 19 A.R. 243 (QB)

R. v. McAlpine (1979), 19 A.R. 243 (QB)

MLB headnote and full text

R. v. McAlpine

(No. 7903-00210)

Indexed As: R. v. McAlpine

Alberta Court of Queen's Bench

Judicial District of Edmonton

Cavanagh, J.

July 24, 1979.

Summary:

This headnote contains no summary.

Courts - Topic 686

Judges - Disqualification - Bias - Trial judge - Reasonable apprehension of bias - An accused applied for an order of prohibition to prevent a trial judge from hearing his case on the ground of reasonable apprehension of bias, because of animosity by the judge toward the accused's counsel - Counsel had been a leading witness against the judge in an official investigation of the judge's conduct, which apparently vindicated the judge - The judge had threatened the counsel with an action for defamation, but retracted the threat - The Alberta Court of Queen's Bench dismissed the application on the ground that there was no reasonable apprehension of bias which would affect the accused.

Cases Noticed:

R. v. Magistrate Taylor ex parte Ruud, 50 D.L.R.(2d) 444, consd. [para. 3].

Greyhound Lines of Canada Ltd. v. Motor Transport Board et al. (1977), 5 A.R. 463; 3 A.L.R.(2d) 272, affd. 6 A.R. 500; 80 D.L.R.(3d) 143, appld. [para. 6].

Committee for Justice and Liberty et al. v. National Energy Board (1976), 9 N.R. 115; 68 D.L.R.(3d) 716, dist. [para. 6].

Counsel:

D.J. Boyer, for the respondent;

J.P. Brumlik, Q.C., for the applicant.

This case was heard at Edmonton, Alberta, before CAVANAGH, J., of the Alberta Court of Queen's Bench, Judicial District of Edmonton, who delivered the following judgment on July 24, 1979: