In what circumstances has the Court considered a denial of natural justice in a s. 11 determination under the Criminal Code?
British Columbia, Canada
The following excerpt is from Funaro v. Workers' Comp. Bd., 1985 CanLII 598 (BC SC):
In Murphy v. Dowhaniuk, B.C.S.C., Vancouver No. A842289, 22nd May 1985 [now reported post, p. 319], Macdonald J. considered Singh in the context of the precise issue of whether the board's failure to grant an oral hearing on a s. 11 determination under the Act constituted a denial of natural justice. He held that it did not. In reaching that conclusion, he gave full consideration to the nature of the issue and took account of the fact that an issue of credibility had been raised.
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