In criminal law, courts are required to apply the Gladue principles to defendants who identify as Indigenous. This duty requires courts to consider the impact of colonization
Since the decision of Agnew v Ontario Assn. of Architects (Div. Ct.), 1987 CanLII 4030 (ON SC), the principle of deliberative secrecy has been applied to tribunals.
In recent decades, procedural fairness generally requires disclosure to the parties of the information that is before the decision maker. Otherwise, it is challenging for
Most professions require their practitioners to show respect to their clients and colleagues. One of the central issues in Sullivan v. Ontario College of Teachers,
Regulators frequently deal with accommodation issues related to a registrant experiencing disabilities. The issue can relate to procedure (e.g., requests for extensions and adjournments) and
A good way to watch someone’s eyes glaze over is to discuss the concept of retrospectivity of legislation. However, the concept is an important one
Many regulators require applicants for registration (and sometimes even current registrants) to obtain a police check to ensure their suitability to practise the profession. A
Courts have emphasized the importance of open hearings to Canadian society, which transparency includes prompt access to hearing exhibits. That public access sometimes results in
The role of a complainant in the complaints process is unclear. Are they merely a source of information? Do they have a legal interest in
While regulators are often given search and seizure powers, they are rarely used. Generally, the authority to enter business premises without a warrant, the duty
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