Sentences with phrase «procedural fairness as»

One notable example is A v UK (2009) 49 EHRR 29, [2009] All ER (D) 203 (Feb), where the ECtHR held that the detention of terrorist suspects based «solely or to a decisive degree on closed material» always amounts to a breach of procedural fairness as guaranteed by the European Convention on Human Rights)(ECHR)[220].

There was a breach of procedural fairness as the Tribunal considered extrinsic evidence, without advising the parties that it would be considering this evidence and without affording the parties any opportunity to respond to it.

The Court of Appeal dismissed the appeal, Elias LJ dissenting in his view that the Treasury had failed to comply with common law procedural fairness as well as the procedural rights implied by Article 1 Protocol 1 and Article 6 ECHR.

Not exact matches

It is entirely correct that Ford ought to have had the opportunity to speak as a matter of procedural fairness, as his lawyers argued, but that was not what the Act read.

Intervenors were denied procedural fairness — such as being allowed to cross-examine industry experts, or even to be allowed in the room.

The NDP could have framed this debate as one of protecting Alberta jobs and an Alberta - based company, rather than just about cancelling a contract with a giant Australian company (it was later announced that an appeal panel determined that Alberta Health Services breached its duty of procedural fairness in the RFP process in a substantive manner).

Johnson said procedural justice is mentally fatiguing is because it requires managers to conform to particular fairness rules, such as suppressing personal biases, being consistent over time and across subordinates, and allowing subordinates to voice their concerns.

«Structured, rule - bound fairness, known as procedural justice, is a double - edged sword for managers,» said Johnson, assistant professor of management.

As he pointed out, a foundation of procedural fairness is that the parties have a proper and fair opportunity to deal with the issues and therefore the case against them.

As indicated, the ingredients of the basic requirement of procedural fairness (that a person has a fair opportunity to address the issues and the case against him) will vary having regard to the circumstances.

However, as noted, for the most part, patients with rare diseases who as a group seek coverage for medications are likely not owed administrative procedural fairness protections.

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

We assume that the inspectors could be evaluating investigations against expected best practices which would include such things as an impartial investigator, collection of all relevant information, and procedural fairness to the alleged harasser.

To put this language in public law terms, the lack of procedural fairness in the termination decision meant that the decision could not reasonably be relied upon by other public authorities as evidence of unfitness to carry out public contracts.

The court decided to review Issues 2, 3, 5 and 6 on a «deferential standard of reasonableness,» but applied correctness to Issues 1 and 4: «While I acknowledge that in the administrative law context a tribunal may develop its own procedures as to admissibility without the recognized strictures found in the judicial rules of evidence, whereas issues # 1 and # 4 principally involve specific questions of law and concurrent issues involving breaches of natural justice or procedural fairness, I will apply a standard of correctness.

The Court of Appeal concluded Dr. James was deprived procedural fairness and, as such, is entitled to a new hearing on both summary judgment and certification.

In the same book, Farrow makes a number of arguments against what he refers to as the privatization of civil justice, such as the impoverishment of common law when cases are removed from the public system (this dovetails with Simpson's work), the use of a private (thus, confidential) system to circumvent public policies, public accountability, and basic notions of procedural fairness, and the shielding from the public of transactions that would not withstand public scrutiny.

Except where there is a «red flag» prompting further inquiry, such as an obvious error in the material or where information has come to light which casts a doubt on the reliability or integrity of the facts or opinions in the underlying material, there was no duty to examine the procedural fairness of investigations upon which facts and opinions in a reference were based.

But as I spent the last few weeks teaching administrative law procedural fairness, I realized that the other thing bothering me about the law society decisions is the process used to reach them.

But it does not follow — in respect of this case or in general — that a legitimate expectation can coherently be treated as merely one factor among several relevant factors in calibrating the content of procedural fairness.

As the Court put it, in the absence of breaches of procedural fairness, «the Courts take a very deferential stance in relation to the discretionary decisions of academic institutions concerning academic matters and the standard of review is one of reasonableness.»

[116] The duty of procedural fairness would also require the ACO to outline what procedure it would undertake in making its determination, what evidence is required to meet the trigger test, as well as to convey the deadlines applying to the ACO's procedure -LSB-...].

As Annis J. put it in David v. Canada (Attorney General), 2014 FC 358, where the question was «whether the acknowledged requirement of thoroughness of an investigation by the Commission is to be considered as part of the reasonableness analysis or whether it is a matter of procedural fairness subject to a correctness standard of review» (at para. 53As Annis J. put it in David v. Canada (Attorney General), 2014 FC 358, where the question was «whether the acknowledged requirement of thoroughness of an investigation by the Commission is to be considered as part of the reasonableness analysis or whether it is a matter of procedural fairness subject to a correctness standard of review» (at para. 53as part of the reasonableness analysis or whether it is a matter of procedural fairness subject to a correctness standard of review» (at para. 53),

In Tuesday's opinion, written by appellate Judge Janice Rogers Brown on behalf of the three - judge panel, she referred to the constant back - and - forth as «Sisyphean labor,» stating that the case must be brought to a close in «the interest of procedural fairness and judicial finality.»

It requires, as well, measures to ensure adherence to the principles of supremacy of law, equality before the law, accountability to the law, fairness in the application of the law, separation of powers, participation in decision - making, legal certainty, avoidance of arbitrariness and procedural and legal transparency.»

Garwill Law provides expert legal advice on customs and excise, tariff and excise tax, international trade law, constitutional and Charter law, immigration determinations, and administrative law (such as procedural fairness, reasonable apprehension of bias, or due process in courts and tribunals).

Ensuring that the rules of procedural fairness are adhered to by administrative bodies may present new challenges to the business lawyer, as the courts increasingly draw on administrative law principles to protect the interests of First Nations communities.

2012 was, however, a year when courts emphasized in various contexts the need for regulators to be increasingly sophisticated, by dealing with less obvious but nonetheless binding external requirements, such as Charter rights and human rights, as well as with «internal» procedural fairness rights, and a possible need for health regulators in BC, at least, to deal with single - instances of «negligent» conduct as an aspect of competence.

Decision Makers and Decision Recipients: Understanding Disparities in the Meaning of Fairness Diane Sivasubramaniam and Larry Heuer, Court Review 44 (2007) This article reviews the results of several quantitative studies that look at whether decision makers such as judges are impacted by procedural fairness in the same way that decision recipients are.

Thus, things like good signage, a useful website, and helpful staff impact procedural fairness, as does what actually occurs when the defendant stands in front of a judge during hearings and trials.

Procedural fairness (also referred to as procedural justice) is an evidence - based practice reliably associated with higher levels of compliance with and greater amounts of satisfaction with decisions by authoritProcedural fairness (also referred to as procedural justice) is an evidence - based practice reliably associated with higher levels of compliance with and greater amounts of satisfaction with decisions by authoritprocedural justice) is an evidence - based practice reliably associated with higher levels of compliance with and greater amounts of satisfaction with decisions by authority figures.

As part of their procedural fairness initiative, the California court system created a procedural fairness section on their website.

Thus, parts one and two of the learning series provided in - depth background and context for the learning, as well as serving to inform judges of their own level of procedural fairness through an interactive activity.

We loved the idea of a self - assessment as an activity that would provide court officials with a means to see how procedural fairness impacts many aspects of their courts, as well as to get feedback about their effectiveness.

The need for procedural fairness begins at the courthouse door (or on the courthouse web page) and permeates many aspects of the administration of the courts, as well as what occurs in the courtroom.

After comparing procedural fairness to other factors such as the police performance and the distribution of police services, they conclude that «the key antecedent of legitimacy is the fairness of the procedures used by the police.»

The court below correctly concluded, however, the decision of the Council had to be set aside as not being in accord with the requirements of procedural fairness and natural justice, and a new hearing ordered.

Insofar as judicial review serves to uphold the Rule of Law, individual rights, federalism, procedural fairness, or whatever other substantive value, deferential review presumably accomplishes these objectives less well than aggressive review.

Topics covered this week included two procedural fairness decisions (one relating to interpreting a contract in a way neither party argued, the other relating to the effect of a lengthy adjournment mid-trial), repair and storage liens in the automobile insurance context, the tort of conversion, as well as several short procedural decisions.

[19] Professor Mullan went on to observe that the notion of allowing a councillor to participate in a debate about proposed sanctions against himself or herself should not be viewed as a conflict of interest and that Council should not be absolved of the obligation to extend procedural fairness simply because the Integrity Commissioner might have given procedural fairness at the reporting stage.

He observed, in his testimony before the Inquiry, in relation to his experience as Toronto's former Integrity Commissioner, that he had recommended that it was necessary to provide some form of procedural fairness on the floor of Council when Council is deciding whether or not to implement a recommendation for some form of sanction.

This will depend on the express rights of complainants under the regulator's enabling statute, and whatever disclosure the complainant must receive as a matter of procedural fairness.

The theory behind procedural fairness, or procedural justice as it is sometimes called, has developed over a period of more than 25 years.

Throughout a remarkable career as one of the undisputed leaders in the civil rights movement in Canada, Mr Borovoy has been a tireless advocate for freedom of expression, along with its corollaries freedom of the press and freedom of association; and equally activist for equality and procedural fairness.

Other significant decisions were those in Osborn v Parole Board [2013] UKSC 61, where the Court relied on common law procedural fairness (as well as on Art 5 (4) of the ECHR) when ruling that the Parole Board would often have to hold an oral hearing when prisoners apply for release on licence.

[365] Dr. Wang was also denied procedural fairness because two members of the special committee had previously expressed negative views about her conduct as a board member.

[99] As Mr. Justice Finch (as he then was) explained in Halfway River at para. 58, the fettering of discretion is an issue of procedural fairness, which is an area where the court owes an administrative decision - maker no deferencAs Mr. Justice Finch (as he then was) explained in Halfway River at para. 58, the fettering of discretion is an issue of procedural fairness, which is an area where the court owes an administrative decision - maker no deferencas he then was) explained in Halfway River at para. 58, the fettering of discretion is an issue of procedural fairness, which is an area where the court owes an administrative decision - maker no deference:

Thomson Reuters Canada offers resources that cover topics such as the process of judicial review and the standards of review, how regulatory agencies should conduct themselves, practice before tribunals, and procedural fairness.

Sixth, issues of due process, or procedural fairness, commendably are generally recognized as important elements of effective agency administration.

From the Board's perspective, it is critical to ensure that the fundamental issues concerning the exclusion of the RDA, the right to procedural fairness including the right to seek external merits review, the exclusion of anti-discrimination laws in the Northern Territory and the deeming of measures as «special measures», are all matters that require immediate change.