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The reference to a fair hearing allows one a right to "full answer and defence", a right also based in section 7 of the Charter ("fundamental justice"). This has led to a controversial string of decisions surrounding the rape shield law, starting with R. v. Seaboyer (1991) and ending with R. v. Mills (1999).
(e) deprive a person of the right to a fair hearing in accordance with the principles of fundamental justice for the determination of his rights and obligations; (f) deprive a person charged with a criminal offence of the right to be presumed innocent until proved guilty according to law in a fair and public hearing by an independent and ...
In written law, the term fundamental justice can be traced back at least to 1960, when the Canadian Bill of Rights was brought into force by the Diefenbaker government. . Specifically, section 2(e) of the Canadian Bill of Rights stated that everyone has "the right to a fair hearing in accordance with the principles of fundamental justice for the determination of his rights and oblig
Natural justice is identified with the two constituents of a fair hearing, [3]: 322 which are the rule against bias (nemo iudex in causa sua, or "no man a judge in his own cause"), and the right to a fair hearing (audi alteram partem, or "hear the other side"). [7] The requirements of natural justice or a duty to act fairly depend on the context.
Singh v Canada (Minister of Employment and Immigration), [1985] 1 S.C.R. 177 is a 1985 case of the Supreme Court of Canada. It determined that refugee claimants had a constitutional right to an oral hearing , by the principles of fundamental justice .
In Canada, the right to counsel is guaranteed under Section Ten of the Canadian Charter of Rights and Freedoms upon "arrest and detention", as well as the right to habeas corpus. Police must inform those arrested or detained of their right to speak to counsel and provide them with a reasonable opportunity to do so.
Decorative 18th century door piece from the Vierschaar (city tribunal) in City Hall of The Hague, by Jacob de Wit, illustrating audi alteram partem.. Audi alteram partem (or audiatur et altera pars) is a Latin phrase meaning "listen to the other side", or "let the other side be heard as well". [1]
National Automobile, Aerospace, Transportation and General Workers Union of Canada (CAW-Canada), [19] the Federal Court of Canada rejected the defendant's assertion that utilizing the copyright of the plaintiff on a pamphlet criticising the labour practices of the plaintiff in a labour dispute could qualify as fair dealing, because the ...