JUDGES AND COURTS
Request for Judge to recuse himself from hearing Attorney General's application (under Canada Evidence Act, R.S.C., 1985, c. C‑5, s. 38.04) for protection of information found in documents expected to be disclosed to respondent—Request made after respondent filed notice of constitutional question with respect to validity of Canada Evidence Act, s. 38.11(2) (ex parte representations)—Request founded on Judge's role in development of Anti‑terrorism Act, S.C. 2001, c. 41 (which amended Canada Evidence Act, s. 38.11(2))—Review of applicable principles re: recusal—Judge's involvement in regard to development of Anti‑terrorism Act clarified—No reasonable apprehension of bias—Nevertheless, s. 38 application, constitutional issue severed.
Canada (Attorney General) v. Khawaja (DES‑2‑06, 2007 FC 533, Mosley J., judgment dated 18/5/07, 24 pp.)