Can a person be both the prosecutor and judge in a case?
Manitoba, Canada
The following excerpt is from Fong v. WRHA;WRHA v. Fong, 2006 MBQB 8 (CanLII):
Legislation establishing an administrative tribunal can authorize duplication or overlapping of functions so that, for example, a person may be both the prosecutor and the judge in a case or may participate at two levels of decision-making. If the legislation does authorize such overlap, absent a constitutional basis for challenging the legislation, it will preclude an argument based on bias (Brosseau v. Alberta (Securities Commission), 1989 CanLII 121 (SCC), [1989] 1 S.C.R. 301).
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