How have courts interpreted s. 2(e) of the Canadian Bill of Rights, s.2(e), s.3(e") of the Charter of Human Rights?
Canada (Federal), Canada
The following excerpt is from Howard v. Stony Mountain Institution, 1983 CanLII 2911 (FC):
In Duke v. The Queen (1972), 1972 CanLII 16 (SCC), 7 C.C.C. (2d) 474 at p. 479, 28 D.L.R. (3d) 129 at p. 134, [1972] S.C.R. 917 at p. 923, Chief Justice Fauteux, referring to s. 2(e) of the Bill of Rights which provided that no law of Canada should be construed or applied so as to deprive him of "a fair hearing in accordance with the principles of fundamental justice", said: Without attempting to formulate any final definition of those words, I would take them to mean, generally, that the tribunal which adjudicates upon his rights must act fairly, in good faith, without bias and in a judicial temper, and must give to him the opportunity adequately to state his case.
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