Is fundamental justice equal to natural justice?
British Columbia, Canada
The following excerpt is from R. v. Anson, 1982 CanLII 3338 (BC SC):
In so far as procedural process is concerned, it may well be that fundamental justice and natural justice are not realistically dissimilar concepts. 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, 18 C.R.N.S. 302 at p. 307, Fauteux C.J.C. says: It is against this background that the appellant's submission must be considered. Under s. 2(e) of the Bill of Rights no law of Canada shall be construed or applied so as to deprive him of "a fair hearing in accordance with the principles of fundamental justice". 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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