Case information

Courts – Judges – Reasonable apprehension of bias – Whether test for disqualification for reasonable apprehension of bias is met by establishing it was more likely than not that a judge’s mind was predisposed or not perfectly open – Whether test should be refined or clarified for ex parte applications – Whether test is that a reasonable, objective person would be more likely than not to conclude that the justice was in fact biased or is it a reasonable likelihood on cogent evidence that the justice may in fact have been actually biased – Whether test is met by establishing it was more likely than not that the judge’s mind was predisposed or not perfectly open or may be prone to bias – Whether test enunciated by the Court of Appeal is unreasonably high – Should the test be altered for ex parte applications – Whether principles set by Canadian Judicial Council demand greater credence, import, and adherence – Did the Court of Appeal err in failing to allow limited speculation in assessment of circumstantial evidence – Should trier of fact consider alternative inferences if to do so may require speculative thought – Did the Court of Appeal err?

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

In 2012, the police conducted a large investigation of drug trafficking which resulted in 23 accused being charged with various offences, including Oliver Banayos. The bulk of the Crown’s evidence was collected pursuant to judicial authorisations for wiretaps and video surveillance issued by Mainella J. A motions judge dismissed motions brought by Oliver Banayos and others challenging the authorisations. Oliver Banayos was convicted of trafficking in cocaine, conspiracy to traffic in cocaine, conspiracy to possess proceeds of crime, possessing proceeds of crime, conspiracy to launder proceeds of crime, and laundering proceeds of crime. The Court of Appeal dismissed an appeal from the proceeds of crime and money laundering convictions.