In what circumstances will a magistrate refuse to hear evidence or argument?
Saskatchewan, Canada
The following excerpt is from Sisters of Charity, Providence Hospital v. Saskatchewan (Labour Relations Board), 1951 CanLII 183 (SK CA):
In Rex v. Mahony [1910] 2 1R R 695, at 709, Lord O’Brien says: “I wish it to be clearly understood that I am not dealing with a case in which a magistrate so misconducted himself as to refuse to hear evidence or argument. No doubt, in all matters of procedure, the essentials of justice must be observed. It is one of the essential requirements of justice that a charge should be duly formulated; that an accused person should have due notice of it; and that he should be given an adequate opportunity of defending himself. Such matters are not mere formalities; they are the essential requirements of justice.”
"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 effect of a magistrate’s refusal to hear evidence or argument? (Saskatchewan, Canada)
In what circumstances have we not been persuaded to allow the introduction of new evidence in a civil case? (Saskatchewan, Canada)
In what circumstances will an application for interim alimony be refused? (Saskatchewan, Canada)
Can evidence of a chemical analysis of a sample taken after the 2-hour period be used in evidence? (Saskatchewan, Canada)
In what circumstances will a judge refuse to dispense with the consent of the father? (Saskatchewan, Canada)
What must be the circumstances or evidence to establish adultery? (Saskatchewan, Canada)
In what circumstances will a retired judge allow evidence to be called after the summing-up of a criminal case? (Saskatchewan, Canada)
In what circumstances will a court accept evidence of the transactions leading up to and during the making of a contract? (Saskatchewan, Canada)
In what circumstances has an attorney been found guilty of a criminal offence at bar by a magistrate? (Saskatchewan, Canada)
Does a change in circumstances constitute a material change in the child’s circumstances to warrant removal from the only home he had ever known? (Saskatchewan, Canada)
