Grigorenko v. Canada ( Minister of Citizenship and Immigration )
IMM-3725-97
Denault J.
28/8/98
7 pp.
Application for judicial review to decide who must apply test of whether informed and reasonable observer would have reasonable apprehension of bias, person who is asked to recuse himself or herself or person who is asked to review decision-Convention Refugee Determination Division, which had before it claim by Israeli citizen of Ukrainian nationality, dismissing application, stating Division did not believe Grigorenko's testimony and no credible basis for case-Issue concerning motion for recusal made at beginning of hearing before Refugee Division against one of panel members, Jacques La Salle-Motion for recusal dismissed, claim for refugee status also rejected-Test for apprehension of bias is to ask what informed person, viewing matter realistically and practically, and having thought matter through, would conclude-Fairness and impartiality must be both subjectively present and objectively demonstrated to informed and reasonable observer-Judge asked to recuse himself or herself by reason of appearance of bias must place himself or herself in shoes of informed and reasonable observer-Nothing requiring panel to state applicable tests in panel's oral or written decision-As long as clear in decision panel having regard to tests, no grounds for Court to intervene-That this was what panel member La Salle did when referring to length of time having elapsed since La Salle's participation in Canada-Israel Committee 12 years before, and mentioning favourable decisions La Salle had made regarding claimants from Israel-Application dismissed.