What is the difference between a full oral hearing and a full written examination?
Ontario, Canada
The following excerpt is from R. v. Brown, 2008 CanLII 13372 (ON SC):
The use of the factors from Baker v. Canada, supra all point towards a departure from the higher level of procedural fairness involving a full oral hearing. Under s.745.61, the applicant presents his application which is to be considered by the designated judge, in addition to the C.S.C. report and any other written material. The presiding judge must then consider whether there is a reasonable prospect that the application will succeed, having regard to the factors in s.745.63 (1).
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