Welcome to Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! This week, lawyer Kyla Lee discusses Aboriginal law and recusal applications.
Acumen Law Corporation lawyer Kyla Lee gives her take on a made-in-Canada court case each week and discusses why these cases should have been heard by Canada’s highest court: the Supreme Court of Canada.
Brittany Beaver was involved in family law disputes. She ultimately filed a recusal application about the judge trying to argue that he should be recused from hearing her case. She specifically argued in her case that there were issues related to her indigenous heritage – which was part of the reason for her recusal application. Unfortunately, the application was scheduled to be heard by the judge whom she was attempting to recuse.
This raises a very difficult question. How can a judge impartially decide whether or not they’re impartial?
Watch the video for more.