When Does the Active Judge become the Meddlesome Judge?
Trial judges are entitled to question witnesses. Indeed, sometimes they are duty-bound by the interests of justice to ask questions. They are not required to remain silent, passive observers of trials. There are, however, limits on their ability to intervene in the examination of witnesses. Their interventions must never compromise the overall appearance of fairness in the trial proceedings. R. v. Brouillard , 1985 CanLII 56 (SCC), [1985] 1 S.C.R. 39 , at p. 46 ; R. v. Darlyn (1946), 1946 CanLII 248 (BC CA), 88 C.C.C. 269 (B.C.C.A.) at p. 277 ; R. v. Pavlukoff (1953), 106 C.C.C. 249 (B.C.C.A.) ; R. v. McKitka (1982), 1982 CanLII 425 425 (BC CA), 66 C.C.C. (2d) 164 (B.C.C.A.) . A judge may intervene in the proceedings for numerous reasons. For example, a need to control the court’s process, a need to focus the questions being asked so that the evidence is received in a clear and cohesive manner, a need to avoid repetitive or irrelevant ques...