A complainant represented in family law proceedings concerning custody and access alleged the judge was biased against him because he was dark skinned, Muslim and a man

20020001 - A complainant represented in family law proceedings concerning custody and access alleged the judge was biased against him because he was dark skinned, Muslim and a man. He alleged the judge refused to let him take his daughter out of the country, assuming he would abduct her. He alleged that the judge had given him demeaning or sarcastic looks when he asked to swear the oath on the Koran, rather than the Bible.

The judge provided a copy of the transcript of the hearing and denied giving the complainant a demeaning or sarcastic look. The judge had granted the complainant leave to give oral evidence on the motion. Given the judge’s conduct of the hearing, as revealed by the transcript, and the fact that he granted the complainant leave to give oral evidence, the complainant was advised that there was no basis to support an allegation of bias against him. The transcript did not support the allegation that the judge assumed the complainant would abduct his daughter.