The Applicant, Billy Persaud-Hearns, sought a recusal order against Justice Shannon L. Pollock, alleging a reasonable apprehension of bias.
The Applicant's position was that the judge's prior authorization of a DNA warrant in an ex parte application related to a separate but similar set of allegations against the Applicant created a perception of bias.
The Crown opposed the recusal, arguing that judges are presumed impartial and capable of disabusing themselves of prior knowledge.
The court, applying the test for reasonable apprehension of bias, found that the Applicant had not met the high threshold required.
The judge's prior involvement was limited to an ex parte authorization on a separate matter, with no findings of fact or credibility made against the Applicant.
The application for recusal was dismissed.