However, it was the usual carefully constructed
appearance of fairness, underplayed with staged agreement to the AGW cause which came across most strongly.
The merits of this approach include its simplicity,
appearance of fairness, and related appeal to the populist mood.
Despite the Court of Appeal's decision, the Court of Superior Justice has overturned a decision on the basis of the trial Judge's use and reliance on Google Maps — in R v Ghaleenovee, 2015 ONSC 1707, the Court referred to Calvert but concluded that where the facts are disputable, and the evidence produced by Google Maps is not put the accused or witnesses, relying on Google Maps «compromises
the appearance of fairness».
First, did the interventions by the trial judge fatally compromise
the appearance of the fairness of the trial?
Part of this obligation includes a commitment to ensuring
the appearance of fairness in the eyes of the public.
If the objective is «ensuring
the appearance of fairness in the eyes of the public», there are a lot of better places to start than by keeping the best lawyers out of the courtroom.
In accordance with our ethical obligations, we can not permit retired judges to be reinstated as counsel if doing so threatens
the appearance of fairness.
First, the appellant argues that the trial judge intervened to such an extent in the examination of witnesses that
the appearance of fairness in the trial was fatally compromised.
To overturn a conviction on the basis of ineffective assistance, counsel's conduct must have undermined
the appearance of the fairness of the trial or the reliability of the verdict.
The trial judge's questions did not reach the point at which they compromised
the appearance of the fairness of the trial.
Were the trial judge's repeated interventions, considered in the context of the entirety of the proceedings, sufficiently egregious to lead the reasonable observer to conclude that the appearance of impartiality had been sufficiently compromised so as to undermine
the appearance of the fairness of the trial?
Not exact matches
The court wrote in Boyce that «the
appearance of unlawful command influence» exists «where an objective, disinterested observer, fully informed
of all the facts and circumstances, would harbor a significant double about the
fairness of the proceeding» — a calculus evident in Nance's own public comments on Oct. 23.
He is quite good on the ethics
of self - governance» honesty,
fairness, nobility, decency all make their
appearances» but does not acknowledge, let alone explain, the finest or the worst
of things.
In all
fairness to a vehicle we haven't driven yet, if
appearances are any indication, it seems unlikely to pack the same zany, screw - loose sense
of excitement.
At a time when «
fairness» was synonymous with beauty, the dark
appearance of the poet's lover — assuming it is a literal rather than symbolic description — is intriguing and also narrows the field considerably.
You not only have to avoid breaking the law; you have to avoid the
appearance of breaking the law, or even the «
fairness code,» however defined.
... If decisions are made because
of an individual judge's sense
of fairness or justice, the
appearance, if not the reality, is that the decision sprung from personal or political beliefs
of an unelected person.
The commitment to
fairness and cooperation saves vast amount
of money by avoiding motions and court
appearances.