Sentences with phrase «procedural safeguards in»

If drug testing is ordered, states typically have certain procedural safeguards in place to ensure the test is accurate and parent's constitutional rights are protected.

[3] As a consequence, the Election Day errors that Wresnewskyj claimed had cost him his job were insufficient to invalidate the result: «The procedural safeguards in the [Canada Elections Act] are important,» the Court noted, «however, they should not be treated as ends in themselves.»

In the context of retributive damages, the state has the power, through its courts, to enforce deprivations of property or reputation, and thus the concerns that motivate procedural safeguards in the criminal context arise, though to a lesser extent, when retributive damages are at issue.

Gerald Heckman, «Procedural Safeguards in Deportation Proceedings — Developments in International Law» (2005) VII (3) Regulatory Boards and Administrative Law Litigation 418.

Gerald Heckman, «Prospects For Narrowing The Gap Between Domestic and International Institutional and Procedural Safeguards in Canadian, American, and Australian Refugee Protection Decisionmaking» (PhD Dissertation, York University Osgoode Hall Law School, 2008)(unpublished).

Gerald Heckman, «International Law and Procedural Safeguards in Deportation Proceedings: Ahani v. Canada» (2004) 17:2 RQDI 81.

It constitutes a waiver not only of the accused's right to require the Crown to prove guilt beyond a reasonable doubt by properly admissible evidence, but also of the related procedural safeguards in the criminal trial process, some of which are constitutionally enshrined and protected.

That said, any request for support under URESA is subject to the procedural safeguards in that law.

Unfortunately, EU legislation — for instance also with respect to procedural safeguards in criminal proceedings — does not pass, or barely passes, the minimum level of protection granted by the ECHR (see, for instance, the analysis on this blog regarding the recently adopted Presumption of Innocence Directive).

[3] European Commission, Improving OLAF's governance and reinforcing procedural safeguards in investigations: A step - by - step approach to accompany the establishment of the European Public Prosecutor's Office, COM (2013) 533 final, 17 July 2013, p. 2.

We employ reasonable and appropriate security measures such as maintaining physical, electronic and procedural safeguards in compliance with applicable security requirements, including US federal and state regulations.

«The procedural safeguards in the bill fall well short of the minimum requirements for fairness and are insufficient to prevent breaches of the right to a fair hearing occurring in practice,» the committee found.

Not exact matches

With cuts to legal aid, restrictions to judicial review and removal of appeal rights, this approach has undermined the procedural safeguards that should protect those seeking sanctuary in the UK from the risk of return to torture and persecution in their country of origin.

A spokesperson for Justice said: «We will be concerned to ensure during the passage of the Bill that proper safeguards will be in place to protect procedural rights under Articles 5 and 6 ECHR.

cParents Resources Handbook for Parents Procedural Safeguards Procedural Safeguards — Summary Sources of Assistance In Understanding Part B of Individuals With Disabilities Education Act (IDEA)

Working with families to provide technical support in understanding and accessing their procedural safeguards under the IDEA 2004 and assisting parents / guardians in resolving disputes prior to mediation or due process hearings.

Information regarding parent and student rights in Arizona can be found on the Arizona Department of Education website at Procedural Rights and Safeguards - English or Procedural Rights and Safeguards - Spanish.

Past presentations include the Legal One four - part Special Education Law Series, which she developed for the organization, Board Members» Roles and Responsibilities, the Basics of Special Education, Student Records and Confidentiality, Reducing the Costs of Special Education Litigation, Procedural Safeguards, Hot Topics in Special Education, Section 504: A Road Map to Compliance, I&RS: Effective Usage and Best Practices, Special Education for General Education Staff, Nursing Services In The School Setting, Legal and Effective IEPs, Understanding and Resolving Conflict, and Special Education and the Lain Special Education, Section 504: A Road Map to Compliance, I&RS: Effective Usage and Best Practices, Special Education for General Education Staff, Nursing Services In The School Setting, Legal and Effective IEPs, Understanding and Resolving Conflict, and Special Education and the LaIn The School Setting, Legal and Effective IEPs, Understanding and Resolving Conflict, and Special Education and the Law.

Ms. Mueller added, «While our top priority has been, and remains, acting on loan applications quickly while safeguarding taxpayer interests, we take these procedural issues seriously and are working to put in place a robust records management process.»

What is more, it is doubtful whether this proposal effectively addresses the main concerns raised in the past (e.g. with respect to procedural safeguards).

This seems to have been precisely the reason for the SCC, in its preliminary reference, to be interested not only in the correct interpretation of procedural rights in the Charter, but also in whether the Spanish Constitution could provide more safeguards under Article 53 of the Charter.

Nevertheless, the trend in Canada is to adjust substantive and procedural safeguards to match the issues at stake in judicial proceedings.

This Directive is one of the so - called Roadmap Directives, the latest attempt of the EU to increase the mutual trust between Member States (MS) in the field of criminal justice, by establishing EU minimum rules for procedural safeguards.

The chapter starts with an overview of the available procedural safeguards at the national level and then proceeds to a clarification of why these safeguards in general fail to function adequately in cases involving transnational cooperation.

Unfortunately, the chapter remains rather superficial in its description of the different procedural safeguards and how they are endangered by considerations of efficiency.

The Roadmap Directives are the latest attempt of the EU to increase the mutual trust between Member States (MS) in the field of criminal justice, by establishing EU minimum rules for procedural safeguards.

Chapter 10 (by Martin Böse) then discusses one procedural safeguard that is closely linked to the risk of the consecutive application of different types of sanctions: the principle of ne bis in idem.

Her motion was based upon Arizona Revised Statute Section 25 - 408 in which procedural safeguards are granted to a non-moving parent of a child to object to and possibly prevent the relocation of the child.

The Court should inspect, comprehensively and comparatively, the procedures employed - at trial and on appeal - to fix the amount of punitive damagesP Evaluated in this manner, Oregon's scheme affords defendants like Honda more procedural safeguards than 19th - century law provided.

The Bill represents a step backwards in Canadian justice reform, which threatens to erode individual rights and procedural safeguards, slow down the Court system, and shield police officers from cross-examination on their actions.

The consequences of omitting these procedural safeguards can be found in the Netherlands where government agencies access millions (3 million in 2009!)

On the bright side, the Court safeguards the right to effective remedies of irregular migrants against procedural abuses by the administrative and judicial authorities in three respects.

In a strongly worded dissent, Justice Michael Moldaver, also writing for Justice Suzanne Côté, found that «the majority has departed from the functional approach of threshold reliability by unduly restricting the extrinsic evidence that a jury could can consider when assessing a statement's substantive reliability and by adopting a narrow view of the procedural safeguards available at trial than can equip the jury with the tools it needs to assess the ultimate reliability of a statement.»

«In conjunction,... powerful corroborative evidence and procedural safeguards — were capable of satisfying the test for threshold reliability» in this case, Moldaver wrotIn conjunction,... powerful corroborative evidence and procedural safeguards — were capable of satisfying the test for threshold reliability» in this case, Moldaver wrotin this case, Moldaver wrote.

Yet it took the Commission until November 2013 to put forward the Proposal for the Presumption of Innocence Directive (discussed on this blog), along with two further proposals, the Proposal for a Directive on procedural safeguards for children who are suspects or accused persons in criminal proceedings and the Proposal for a Directive on (provisional) legal aid.

The procedural safeguards regarding voluntariness would not apply, and in this case, as well, the officer at all times acted in good faith, and I would find that a refusal to admit the actus reus under all the circumstances of this case could well bring the administration of justice into disrepute.

The phrase «principles of fundamental justice» had been borrowed directly from section 2 (e) of the Canadian Bill of Rights, Canada's proto - Charter enacted in 1960, and had been interpreted by the Supreme Court to mean that everyone was entitled to a fair hearing before an impartial tribunal.29 Put another way, fundamental justice incorporated a procedural guarantee synonymous with «natural justice,» meaning that the state may certainly deprive an individual of life, liberty or security of the person, but only if procedural safeguards have first been met.

Critique of prisoner isolation is driven by the more problematic aspects of the practice that defy justification: the isolation of the mentally ill; isolation for petty reasons; indefinite isolation; isolation in lieu of appropriate safety measures; isolation to address overcrowding; isolation for excessive periods of time; lack of procedural safeguards for decision making and reviews; isolation in punitive conditions of confinement; failure to deliver meaningful mental and physical health care; and a lack of programs and social contact to ameliorate the effects of isolation.

As was discussed in Huysmans» post on this blog, EU secondary legislation regarding procedural safeguards is very often a result of the Member States» lowest common denominator and that usually comes close to the minimum standard of the ECtHR.

If, as expected, no legislation has passed by June 6 th, after that date, assistance in dying will be regulated by Carter 2015 (establishing the eligibility criteria) and guidelines from the Colleges of Physicians and Surgeons from across the country (establishing procedural safeguards).

The Court went on to note that while these «procedural safeguards» may not always be necessary, their absence in this case was pivotal since as a result the proponents failed to provide timely and useful responses to the questions and concerns that the community had raised.

The Claimant argued that since the expedited process was in substance the Dublin III Regulation process, it was unlawful because it had failed to comply with the procedural safeguards of Dublin III.

This wording incorporates two important Community law principles which are explained further in the same judgment: «It is settled case law that in the absence of Community rules governing the matter it is for the domestic legal system of each member state to... lay down the detailed procedural rules governing actions for safeguarding rights which individuals derive from Community law, provided, however, that such rules are not less favourable than those governing similar domestic actions (the principle of equivalence) and do not render virtually impossible or excessively difficult the exercise of rights conferred by Community law (the principle of effectiveness).»

The trial judge based this determination on the procedural safeguards against wrongful convictions in s. 16 (3) of the Canada Evidence Act,

It is useful to quote key observations by Stadlen J [at paras 126 - 129]: «In my view, notwithstanding the absence in the FTPP proceedings of some of the statutory and non-statutory safeguards which apply to criminal proceedings... [I] n deciding whether it would be fair to admit the hearsay evidence, the requirements both of Article 6 and of the common law obliged the FTPP to take into account the absence of all those [safeguards]... [I] n my judgment, no reasonable panel in the position of the FTPP could have reasonably concluded that there were factors outweighing the powerful factors pointing against the admission of the hearsay evidence... The means by which the claimant can challenge the hearsay evidence are... not in my judgment capable of outweighing those factors... The reality would appear to be that the factor which the FTPP considered decisive in favour of admitting the hearsay evidence was the serious nature of the allegations against the claimant coupled with the public interest in investigating such allegations and the FTPP's duty to protect the public interest in protecting patients, maintaining public confidence in the profession and declaring and upholding proper standards of behaviour... However, that factor on its own does not in my view diminish the weight which must be attached to the procedural safeguards to which a person accused of such allegations is entitled both at common law and under Article 6... The more serious the allegation, the greater the importance of ensuring that the accused doctor is afforded fair and proper procedural safeguardIn my view, notwithstanding the absence in the FTPP proceedings of some of the statutory and non-statutory safeguards which apply to criminal proceedings... [I] n deciding whether it would be fair to admit the hearsay evidence, the requirements both of Article 6 and of the common law obliged the FTPP to take into account the absence of all those [safeguards]... [I] n my judgment, no reasonable panel in the position of the FTPP could have reasonably concluded that there were factors outweighing the powerful factors pointing against the admission of the hearsay evidence... The means by which the claimant can challenge the hearsay evidence are... not in my judgment capable of outweighing those factors... The reality would appear to be that the factor which the FTPP considered decisive in favour of admitting the hearsay evidence was the serious nature of the allegations against the claimant coupled with the public interest in investigating such allegations and the FTPP's duty to protect the public interest in protecting patients, maintaining public confidence in the profession and declaring and upholding proper standards of behaviour... However, that factor on its own does not in my view diminish the weight which must be attached to the procedural safeguards to which a person accused of such allegations is entitled both at common law and under Article 6... The more serious the allegation, the greater the importance of ensuring that the accused doctor is afforded fair and proper procedural safeguardin the FTPP proceedings of some of the statutory and non-statutory safeguards which apply to criminal proceedings... [I] n deciding whether it would be fair to admit the hearsay evidence, the requirements both of Article 6 and of the common law obliged the FTPP to take into account the absence of all those [safeguards]... [I] n my judgment, no reasonable panel in the position of the FTPP could have reasonably concluded that there were factors outweighing the powerful factors pointing against the admission of the hearsay evidence... The means by which the claimant can challenge the hearsay evidence are... not in my judgment capable of outweighing those factors... The reality would appear to be that the factor which the FTPP considered decisive in favour of admitting the hearsay evidence was the serious nature of the allegations against the claimant coupled with the public interest in investigating such allegations and the FTPP's duty to protect the public interest in protecting patients, maintaining public confidence in the profession and declaring and upholding proper standards of behaviour... However, that factor on its own does not in my view diminish the weight which must be attached to the procedural safeguards to which a person accused of such allegations is entitled both at common law and under Article 6... The more serious the allegation, the greater the importance of ensuring that the accused doctor is afforded fair and proper procedural safeguardin the position of the FTPP could have reasonably concluded that there were factors outweighing the powerful factors pointing against the admission of the hearsay evidence... The means by which the claimant can challenge the hearsay evidence are... not in my judgment capable of outweighing those factors... The reality would appear to be that the factor which the FTPP considered decisive in favour of admitting the hearsay evidence was the serious nature of the allegations against the claimant coupled with the public interest in investigating such allegations and the FTPP's duty to protect the public interest in protecting patients, maintaining public confidence in the profession and declaring and upholding proper standards of behaviour... However, that factor on its own does not in my view diminish the weight which must be attached to the procedural safeguards to which a person accused of such allegations is entitled both at common law and under Article 6... The more serious the allegation, the greater the importance of ensuring that the accused doctor is afforded fair and proper procedural safeguardin my judgment capable of outweighing those factors... The reality would appear to be that the factor which the FTPP considered decisive in favour of admitting the hearsay evidence was the serious nature of the allegations against the claimant coupled with the public interest in investigating such allegations and the FTPP's duty to protect the public interest in protecting patients, maintaining public confidence in the profession and declaring and upholding proper standards of behaviour... However, that factor on its own does not in my view diminish the weight which must be attached to the procedural safeguards to which a person accused of such allegations is entitled both at common law and under Article 6... The more serious the allegation, the greater the importance of ensuring that the accused doctor is afforded fair and proper procedural safeguardin favour of admitting the hearsay evidence was the serious nature of the allegations against the claimant coupled with the public interest in investigating such allegations and the FTPP's duty to protect the public interest in protecting patients, maintaining public confidence in the profession and declaring and upholding proper standards of behaviour... However, that factor on its own does not in my view diminish the weight which must be attached to the procedural safeguards to which a person accused of such allegations is entitled both at common law and under Article 6... The more serious the allegation, the greater the importance of ensuring that the accused doctor is afforded fair and proper procedural safeguardin investigating such allegations and the FTPP's duty to protect the public interest in protecting patients, maintaining public confidence in the profession and declaring and upholding proper standards of behaviour... However, that factor on its own does not in my view diminish the weight which must be attached to the procedural safeguards to which a person accused of such allegations is entitled both at common law and under Article 6... The more serious the allegation, the greater the importance of ensuring that the accused doctor is afforded fair and proper procedural safeguardin protecting patients, maintaining public confidence in the profession and declaring and upholding proper standards of behaviour... However, that factor on its own does not in my view diminish the weight which must be attached to the procedural safeguards to which a person accused of such allegations is entitled both at common law and under Article 6... The more serious the allegation, the greater the importance of ensuring that the accused doctor is afforded fair and proper procedural safeguardin the profession and declaring and upholding proper standards of behaviour... However, that factor on its own does not in my view diminish the weight which must be attached to the procedural safeguards to which a person accused of such allegations is entitled both at common law and under Article 6... The more serious the allegation, the greater the importance of ensuring that the accused doctor is afforded fair and proper procedural safeguardin my view diminish the weight which must be attached to the procedural safeguards to which a person accused of such allegations is entitled both at common law and under Article 6... The more serious the allegation, the greater the importance of ensuring that the accused doctor is afforded fair and proper procedural safeguards.

The authors argue that the result is a form of punishment for infringing activity that lacks the procedural safeguards that are normally present in criminal prosecutions.

Rather than an across - the - board consent requirement, to protect individuals» privacy interests while also promoting public safety, we impose a set of procedural safeguards (described in more detail elsewhere in this regulation) that covered entities must ensure are met before disclosing protected health information to law enforcement officials.

Where there is an important public interest, this regulation imposes procedural safeguards that must be met prior to release of health information, in lieu of a requirement for consent.

Thus, for reasons I elaborate in Part III of the paper, retributive damages are best understood as an intermediate civil sanction that require (constitutionally and normatively) an intermediate level of procedural safeguards, that is, a level falling roughly between what is due defendants facing on the one end, compensatory damages, and on the other, criminal fines.

In some instances the procedural safeguards consist of limits on the circumstances in which information may be disclosed, in others the safeguards consist of limits on what information may be disclosed, and in other cases we require some form of legal process (e.g., a warrant or subpoena) prior to release of health informatioIn some instances the procedural safeguards consist of limits on the circumstances in which information may be disclosed, in others the safeguards consist of limits on what information may be disclosed, and in other cases we require some form of legal process (e.g., a warrant or subpoena) prior to release of health informatioin which information may be disclosed, in others the safeguards consist of limits on what information may be disclosed, and in other cases we require some form of legal process (e.g., a warrant or subpoena) prior to release of health informatioin others the safeguards consist of limits on what information may be disclosed, and in other cases we require some form of legal process (e.g., a warrant or subpoena) prior to release of health informatioin other cases we require some form of legal process (e.g., a warrant or subpoena) prior to release of health information.