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Saturday, May 19, 2012

Jurisdiction of Provincial Court Judge - Recusal



Jurisdiction of Provincial Court Judge - Recusal




ISSUES
1. What is the inherent jurisdiction of a superior court trial judge and is it complete with regard to the matter seized?
2. If this is complete jurisdiction, does this prevent any other superior court judge from hearing an application for recusal of the superior court trial judge seized with the matter?
3. Is there anything in relevant statutes or rules which changes this jurisdiction? Do any statutes or rules confer special jurisdiction on the Chief Justice to hear this application?
4. Is there something special about an application for recusal based on apprehension of judicial bias, such that the Charter demands a different practice regarding jurisdiction?

Full write up:
http://newbrunswickprovincialcourt.blogspot.ca/p/jurisdiction-of-provincial-court-judge.html
Posted by at 04:03

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