James v. Canada, 2001 DTC 5075 (FCA) -- summary under Audit and Assessment Procedure

The matter was remitted for a new trial on the basis of a finding (at p. 5082) that on some occasions the trial judge had "acted in a manner that could reasonably lead an objective observer to conclude that he had taken on the role of counsel for the Crown" (pp. 5082-83). The Court stated (at p. 5082) that "the general rule is that a judge may ask a witness questions of clarification and amplification, but should not intervene in the questioning of a witness to such an extent as to give the impression of taking on the role of counsel".