What is the effect of exclusion of an applicant from a tenure committee?

Alberta, Canada


The following excerpt is from Elliot v. University of Alberta, 1973 CanLII 211 (AB QB):

The discussions held in the applicant's absence were not such as would in my judgment result in a denial of natural justice because of his exclusion; they were exactly what one might expect a board clothed with the duties and responsibilities of the tenure committee to hold. It must be remembered that the tenure committee is not a court of law and one cannot apply to it the strict rules of procedure and evidence that one is entitled to expect in a court of law. I respectfully adopt the words of Harman J. in Byrne v. Kinematograph Renters Soc. Ltd., [1958] 1 W.L.R. 762, [1958] 2 All E.R. 590, where he says at p. 599: "What, then are the requirements of natural justice in a case of this kind? First, I think that the person accused should know the nature of the accusation made; secondly, that he should be given an opportunity to state his case; and, thirdly, of course, that the tribunal should act in good faith. I do not think that there really is anything more."

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