What is the remedy for a failure to allow counsel to engage in argument?
Alberta, Canada
The following excerpt is from R. v. Manolescu, 2002 ABQB 639 (CanLII):
The decision of our Court of Appeal in Fraser v. Fraser (1994), 1994 ABCA 275 (CanLII), 157 A.R. 98 (C.A.) provides at para. 10 the remedy for the failure to allow the parties to engage in argument: A fundamental procedural error such as the failure to afford counsel an opportunity to present argument is fatal to the proceedings and must result in a new trial.
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