Sentences with phrase «view of the legal tests»
[7] While consideration of such alternative systems is beyond the scope of this Report, they must be seriously considered in view of the legal tests established to gain recognition of native title and the difficulty of changing the fundamental assumptions of these tests within the current system as it is governed by the NTA.
https://www.humanrights.gov.au/ Not exact matches
The Governments have agreed that the referendum should have a clear legal base; be legislated for by the Scottish Parliament; be conducted so as to command the confidence of parliaments, government and people; and deliver a fair test and decisive expression of the views of people in Scotland and a result that everyone will respect...
In my view, there is tremendous difficulty in advancing this defence due to the legal test outlined in R v. Ewanchuk, which is codified in Section 273.2 of the Criminal Code:
Glass, then, is kind of a legal Rorschach test: where you stand on his admissibility likely depends on your view of the possibility of human redemption, rehabilitation and the role of the lawyer in society.
The legal test for a reasonable apprehension of bias is whether an informed person, viewing the matter realistically and practically and having thought the matter through, would think that it is more likely than not that the decision - maker consciously or unconsciously would not decide the matter fairly (Committee for Justice and Liberty v. National Energy Board, 1976 CanLII 2 (SCC), [1978] 1 S.C.R. 369).
The legal test for a reasonable apprehension of bias is whether an informed person, viewing the matter realistically and practically and having thought the matter through, would think that it is more likely... [more]
The leading Court of Appeal authority (Express & Echo v Tanton [1999] IRLR 367, [1999] All ER (D) 256) envisages a tribunal disapplying a substitution clause if it is a «sham», but this is in itself a difficult test for a claimant because a strict view of it requires proof of a deliberate attempt to evade legal responsibilities, almost an element of mens rea (see Real Time Engineering Ltd v Callaghan [2006] UKEAT / 516/05).