What is the difference between a fair trial and a fair appeal?
British Columbia, Canada
The following excerpt is from Taiga Works Wilderness Equipment Ltd. v. British Columbia (Director of Employment Standards), 2010 BCCA 97 (CanLII):
Thus, when justice requires a fair trial and a fair appeal it may be said that a failure of natural justice at the original hearing cannot be cured at the appellate level. It may also be said that where the appeal stage is akin to a trial de novo the subsequent hearing may cure the defect in the first hearing. Such was the case in Harelkin v. University of Regina, 1979 CanLII 18 (SCC), [1979] 2 S.C.R. 561. As to procedures that fall between these two extremes, the authorities are less clear. The most that can be said with clarity is that, where the procedure is consensual, as with a voluntary organization, the test is overall fairness.
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