What is the test for determining whether a judicial process will model a trial?
Ontario, Canada
The following excerpt is from J.N. v. Durham Regional Police Service, 2011 ONSC 2892 (CanLII):
Under this criterion, it appears that the more that the process resembles a "judicial" process, the more likely those protections will model a trial: see Knight v. Indian Head School Division No. 19, 1990 CanLII 138 (SCC), [1990] 1 S.C.R. 653, [1990] S.C.J. No. 26. What this means is that I must review the process in order to determine the protections given in order to determine the process which might have been expected by the applicant.
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