Does the non-disclosure of an investigator’s report leading to the setting aside of a Band election violate the principles of fairness?
Canada (Federal), Canada
The following excerpt is from Esquega v. Canada (Attorney General), 2005 FC 1097 (CanLII):
This Court has already held in Morin v. Canada (Minister of Indian and Northern Affairs), [1998] F.C.J. No. 82 that the non-disclosure of an investigator’s report leading to the setting aside of a Band election violates the principles of fairness.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for setting aside a union election in violation of section 401 of the Civil Rights Act? (MultiRegion, United States of America)
Does the Double Jeopardy Clause preclude the Government from retrying a defendant whose conviction was set aside because of an error in the proceedings leading to the conviction? (MultiRegion, United States of America)
Is the "one person, one vote" principle violated when a member of a political party can participate in the nomination of a non-party candidate in a general election? (MultiRegion, United States of America)
Does the Federal Election Commission (FECA) have the power to require disclosure under the Federal Elections Commission's reporting and disclosure provisions? (MultiRegion, United States of America)
Incompetence of counsel leading to deprivation of a fair hearing can result in a breach of procedural fairness? (Canada (Federal), Canada)
Can an administrative tribunal reopen, rehear or set aside its decision? (Canada (Federal), Canada)
Is it a violation of the merit principle if a job selection procedure fails to assess all candidates at the same level? (Canada (Federal), Canada)
What is the test for setting aside a denial of benefits by the Commissioner? (MultiRegion, United States of America)
Does the Appeal Panel breach the principles of procedural fairness by selectively quoting from the supporting documentation rather than reviewing the evidence objectively? (Canada (Federal), Canada)
Can errors on the part of counsel be grounds for setting aside a decision? (Canada (Federal), Canada)
