Harding v. Canada ( President of Standing Court Martial )
T-1848-93
Strayer J.
19/5/94
9 pp.
Application for writ of certiorari in aid to prohibit respondent, President of Standing Court Martial, from continuing to try applicant and to quash proceedings to date in trial -- Applicant, major in Canadian Armed Forces seeking prohibition and certiorari on two grounds: (1) respondent lacking independence required by Charter, s. 11(d) because of rules on appointment, tenure, and removal of such presidents; (2) President's conduct giving rise to reasonable apprehension of bias or lack of impartiality -- With respect to both independence of tribunal and impartiality of particular decision-maker, criteria of informed and reasonable person applied -- Unable to conclude well-informed objective observer of proceedings would likely conclude President biased against accused and could not fairly conduct remainder of trial -- No evidence to suggest President doing other than describing nature of documents in fair and objective manner as understood at time -- Application dismissed -- Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], s. 11(d).