Beno v. Canada ( Chairman of Commission of Inquiry into Deployment of Canadian Forces to Somalia )
A-672-96
Pratte J.A.
18/11/96
3 pp.
Appellant giving evidence before Commission in judicial review proceedings, only issue in which whether Chairman of Commission shall be disqualified from participating in inquiry-No interest in outcome of proceedings-Now seeking opportunity to challenge Commission's assessment of evidence-Appeal dismissed-Not allowed to intervene for such purpose-While appellant's evidence may be of assistance in determining issue, onus on applicant to adduce evidence deeming necessary-Judge of first instance assuming Commission having jurisdiction to rule on ability of Chairman to participate in inquiry and only question raised by judicial review application relating to legality of that decision, concluding judicial review proceedings would be decided only on basis of evidence before Commission-F.C.A. of view Commission lacked jurisdiction to rule on disqualification of Chairman-On application for judicial review and prohibition based on reasonable apprehension of bias of tribunal member, applicant always entitled to adduce in support of application any evidence tending to show alleged bias.