January 21, 2021 – Presumption of Judicial Integrity

“Judges benefit from a presumption of integrity, which acknowledges that they are bound by their judicial oaths and will carry out their duties in accordance with their legal responsibilities: R. v. Teskey, 2007 SCC 25 (CanLII), [2007] 2 S.C.R. 267, at para. 29. In R. v. Arnaout, 2015 ONCA 655 (CanLII), at para. 18, this court described these responsibilities: “A judge must both weigh the case impartially in his or her own mind and ensure that the circumstances objectively demonstrate his or her impartiality to an informed and reasonable observer.”

Although judges enjoy the benefit of the presumption of integrity, the presumption can be rebutted by a judge’s comments or conduct: Yukon Francophone School Board, Education Area #23 v. Yukon (Attorney General), 2015 SCC 25 (CanLII), [2015] 2 S.C.R. 282, at para. 27.”

Stuart Budd & Sons Limited v. IFS Vehicle Distributors ULC, 2016 ONCA 60 (CanLII) at 45-46