"The Order and Reasons for Recusal do not and should
not form part of the record before this Court. Their existence in
the public domain does not compromise the ability of this Court to
adjudicate the appeal or the appearance and reality of a fair
-Crown's Written Representations
In the most recent developments in the
McKesson transfer pricing case, the Respondent has filed its Written Representations in response to the
Appellant's motion to raise new issues on appeal, and the
Appellant has filed a Reply submission.
In the Written Representations, the Respondent has
argued that the trial judge's Order and Reasons for Recusal are
irrelevant to the issues to be decided on appeal and do not
properly form part of the record before the Federal Court of
Appeal. The Respondent has also argued that the Order and Reasons
for Recusal do not compromise the appearance and reality of a fair
process in the appeal.
In its Reply, the Appellant has argued that the
Respondent's "remarkable position" that the Reasons
for Recusal are not part of the record on appeal cannot be right.
Rather, the Appellant argues, the Court of Appeal should perform a
"meaningful review" of the Reasons for Recusal, as
such reasons should not be "immune from review" or
"shielded from appellate scrutiny". The Appellant states,
"The panel of this Court hearing the Appellant's appeal
must be given the opportunity to adjudicate [the Recusal
Reasons'] legal effect."
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