Sentences with phrase «of trial fairness»

Citing R v Schmaltz, 2015 ABCA 4 at para. 13 and R v Werkman, 2007 ABCA 130 at para. 3, the Court of Appeal found both the issue of trial fairness and application of the rule in Browne v Dunn were questions of law reviewable on the correctness standard.

The rule that is invoked here (the modified Wray rule) is based primarily on concerns of trial fairness, a matter that is not directly in issue before me.

Although this was a well - intentioned effort to expedite matters and to reduce costs to the justice system, the trial judge, as the ultimate guardian of trial fairness, ought to have considered whether such a process could produce a just result in the circumstances.

Not exact matches

A new book on the Canadian workplace — Work on Trial: Canadian Labour Law Struggles, edited by Judy Fudge and Eric Tucker — provides an engaging and accessible account of various labour battles in the courts over the past 85 years involving human rights, employment fairness and union recognition.

On Friday, the U.S. State Department released a statement saying it is «deeply concerned about the fairness and the transparency of his trial.»

The mother isn't defending her actions that led to her son's death but wonders about the fairness of the trial:

The Foreign Office rejected Russia's offer to try Mr Lugovoi itself, doubting the fairness of the trial.

The UK has declined Russia's offer to try Mr Lugovi in Moscow, citing doubts over the fairness of the trial.

Among other benefits for the district attorney offices across the city, the funding will provide Bronx County with a vertical integration system which proposes delegating every stage of the prosecution to a single assistant district attorney in order to eliminate delays and backlogs in trial cases, a Rikers Island prosecution bureau and a Conviction Integrity Unit to review past convictions and ensure the fairness of tried cases.

Mr Jack said: «This demonstrates the difficulty caused by admitting evidence of proceedings in parliament: either the admission is on such a wide basis that it has a chilling effect on parliamentary proceedings (by prejudicing or effectively removing the right of free speech), or it is on such a narrow basis that the fairness of trials is put at risk.»

The United Nations, Amnesty International and numerous legal, religious and human rights organisations have questioned the fairness of their trial and long sentences, and condemned the US government's persistent refusal to grant visas to allow two of their wives to visit.

«This comprehensive package - the most progressive set of reforms in the nation — will guarantee fairness for the accused by reshaping New York's antiquated bail system, ensuring access to a speedy trial, improving the disclosure of evidence in the discovery process, transforming asset forfeiture procedures and implementing new initiatives to help individuals transition from incarceration to their communities.»

In all fairness, Google Plus, as the site makes very clear, is a «field trial,» and Google is still tweaking a number of settings, rolling out a Games feature late last week, for example, with Google Apps integration still to come.

Once the trial is over, you just cancel, and then feel guilty every time they offer you another free trial (in all fairness, though, I've spent quite a bit of money at these sites, so I should probably chill).

Even where legal aid is available, the combination of the low rate, limitations on preparation time, the $ 50,000 cap and restrictions preventing counsel from incurring disbursements (e.g. for experts) all affect the fairness of trials.

On April 13, five months before The Fugitive debuted, Boston lawyer F. Lee Bailey filed a writ of habeas corpus in federal court challenging the fairness of the extraordinary 1954 trial in which Sheppard was convicted.

Craig, a former White House counsel during the Obama administration, was lead lawyer on a controversial Skadden report assessing the fairness of a trial of a Ukrainian prime minister.

Nigel Booth said: «This research asks some very serious and difficult questions about the fairness of jury trials in rape cases.

An important aspect of legal process is, of course, procedural fairness, as much applicable to professional disciplinary proceedings as to other trials.

Proper use of probabilistic reasoning has the potential to improve the efficiency, transparency and fairness of criminal trials by enabling the relevance of evidence — especially forensic evidence — to be meaningfully evaluated and communicated.

Collaboration between counsel and the press as to information affecting the fairness of a criminal trial is not only subject to regulation, but is highly censurable, and worthy of disciplinary measures.

If publicity during the proceedings threatens the fairness of the trial, a new trial should be ordered.

Despite the Court of Appeal's decision, the Court of Superior Justice has overturned a decision on the basis of the trial Judge's use and reliance on Google Maps — in R v Ghaleenovee, 2015 ONSC 1707, the Court referred to Calvert but concluded that where the facts are disputable, and the evidence produced by Google Maps is not put the accused or witnesses, relying on Google Maps «compromises the appearance of fairness».

The trial judge, however, decided that Kaczynski representing himself would undermine the fairness of the trial process, and insisted that the original defence team continue.

In R. V Gale, the judges wrote, «the rationale for peremptory challenges is to foster confidence in the fairness and impartiality of jury trials.

In any other state in the nation, the government would have provided Smith with a free attorney to challenge the fairness of his trial.

Originally cast in terms of inherent authority to control the processes of the court and prevention of abuse of the process, it is today recognized that a trial judge has a duty to manage the trial process balancing fairness to the parties as well as efficient and orderly discharge of court process.

First, did the interventions by the trial judge fatally compromise the appearance of the fairness of the trial?

It is a question of fact in any given case what, if any, measures would be compatible with the fairness of the trial.

Failing to do so compromised the fairness of the trial and resulted in a denial of natural justice.

The motives for concealing information may vary, but only those reasons that affect a juror's impartiality can truly be said to affect the fairness of a trial.

«In my respectful view, by doing so he compromised the fairness of the trial,» wrote Goldstein of the trial judge's actions involving the Street View image.

An inquiry is different from a trial; fairness can't be determined by what's normally allowed in a trial as the degree of intervention in an inquiry is greater.

[80] To demonstrate an impairment of the right to make full answer and defence as a result of a default or delay in disclosure, an appellant must establish a reasonable possibility that the delayed or failed disclosure affected the outcome at trial or the overall fairness of the trial process: Dixon at para. 34; Stinchcombe at p. 348; R. v. C. (M. H.), 1991 CanLII 94 (S.C.C.), [1991] 1 S.C.R. 763, at p. 776.

«I generally agree with the comments above about blogging during trial, although I could imagine cases and circumstances where blogging would be unlikely to have an impact on the fairness of the trial.

It was a question of fact in any given case what, if any, measures would be compatible with sufficient fairness of the trial.

If they would not give evidence, dangerous criminals would walk free and both society and the administration of justice would suffer; (ii) it was settled law that the paramount object had always been to do justice and that if, in order to do justice, some adaptation of ordinary procedure was called for, it should be made, so long as the overall fairness of the trial was not compromised; (iii) recent case law supported the adoption of protective measures; (iv) the Strasbourg jurisprudence, properly understood, did not condemn the use of protective measures; and (v) the defendant was protected from the risk of unfairness by the prosecutor's duty of disclosure.

The accused alleged three separate incidents of state misconduct that, while admittedly not affecting trial fairness, did undermine the integrity of the judicial process (residual category): (1)...

For this reason, lawyers at the firm belong to organizations such as the Orange Country Trial Lawyers Association, American Association for Justice and Consumer Attorneys of California — groups that work to ensure the American people's right to live in a society predicated on a fundamental sense of fairness, honesty and accountability.

After the O.J. trial Johnnie was in high demand, and he sought the best avenue to bring his message of justice and fairness to the nation.

Conscriptive evidence, on the other hand, adversely affects trial fairness and is generally excluded under s. 24 (2) of the Charter.

That said, I would venture that trial fairness should operate as the guiding principle in this area, so if the plaintiff has decided that expert evidence from one specialty based on an examination of the plaintiff is relevant to the adjudication of her claim at trial, courts should be loathe to deny the defence a fair opportunity to respond with expert evidence from the same specialty based on an assessment of the plaintiff.

Further, under the bad character provisions of the Criminal Justice Act 2003 there is also a strong case for the admission of the findings of care proceedings under «reprehensible conduct» in s 106 (2), although the court «must not admit» it if it would have an adverse effect on the fairness of the trial — rather than the «may not admit» it under s 78.

First, the appellant argues that the trial judge intervened to such an extent in the examination of witnesses that the appearance of fairness in the trial was fatally compromised.

Even when a court finds that trial fairness demands an impoverished, unrepresented accused has legal representation or an amicus curiae is needed, defence lawyers are expected to work for a fraction of the cost of Crown prosecutors.

[50] Regardless of the precise language used, the key point is this: abuse of process refers to Crown conduct that is egregious and seriously compromises trial fairness and / or the integrity of the justice system.

The Superior Court was correct to overturn a guilty verdict and order a new trial, after a judge accessed a Google image on his own accord, impacting the fairness of the trial, says Toronto criminal lawyer Graham Clark.

In La, Justice Sopinka emphasized, at para. 27, that «[t] he appropriateness of a stay of proceedings depends upon the effect of the conduct amounting to an abuse of process or other prejudice on the fairness of the trial.»

In many ways, Justice Story's Bill of Peace stands as the keystone between the Founders» demands for a fair trial, and later courts» struggles to preserve judicial economy and fairness in class actions.

However, if the principle of complementarity is to be applied, states must ensure that their own judicial systems and trials are consistent with international standards of independence and fairness, the ICC must be willing to actively support, embrace, and implement the principle, and the international community must provide the financial, technical, and professional resources that many struggling states need in this endeavour.