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    Home > Board of Referees > Tribunal Proceedings > The Hearings
     

  Introduction to
  Administrative
  Justice


  Foreword -
  Tribunal
  Proceedings


  Table of
  Contents


  Chapter 1
  Administrative
  Justice and
  Tribunal
  Proceedings


  Chapter 2
  The Hearing


  Chapter 3
  Evidence


  Chapter 4
  Interpreting
   the Act
  and the
  Regulations


  Chapter 5
  Deliberations
  and Decision


  Conclusion

  Appendix

  Index

  End notes

  Synoptic
  Tables


  Canadian
  Human Rights
  Tribunal


  Tribunal Proceeding

CHAPTER 2

THE HEARING

 

2.4 Place and Duration of Hearings

The notice of hearing indicates the date, time and place of the hearing. Some problems may occur with respect to these matters, as we have seen, as well as the duration. These questions must be assessed in light of natural justice.

Since the board is a tribunal, the room where it sits must be adequate and sometimes sufficiently large to accommodate in comfort those who are interested and likely to testify. In one case, it was found that a hearing room that was too small limited the right to a fair hearing.369

The choice of location where the appeal will be heard has a certain importance: "boards of referees may take into account in their decisions the particular circumstances of a community. . . ."370 It seems that a claimant may request that the case be heard in another location. However, if this request is accepted, the claimant may not later complain about it.

As far as the duration of the hearing is concerned, it must be sufficiently long so that it is possible to talk about a fair hearing in light of the characteristics of administrative justice: "the hearing takes place quickly and without formality".371 Thus, the fact that the board has limited the duration of a hearing to 10 minutes may not in itself be criticized when the appellant has wilfully failed to adduce certain evidence.372 The duration of a fair hearing may depend on the complexity of a case and the importance of the evidence the parties are entitled to present. Under a well-established practice, cases that do not involve particular problems are scheduled for a hearing that may last approximately one hour. It is recommended, however, that in his or her comments the chairperson not set out rigid limits since this could help to upset the parties.373 The boards are certainly "subject to time constraints" and may impose time limits, albeit not without "informing the parties ahead of time".374 A claimant should not be deprived of reasonable time to bring testimonial evidence even if he or she has provided the board with a written statement.375 The board must sometime be patient and not shorten unduly the debates.376 It may put an end to repetitive arguments or arguments of a doubtful relevance.377

 

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Last modified :  2006-08-31 top Important Notices