Does a person in the position of the petitioner have an absolute right to be represented by counsel before a tribunal?
British Columbia, Canada
The following excerpt is from Joplin v. Vancouver Police Department, 1982 CanLII 698 (BC SC):
It is necessary, therefore, to consider whether a person in the position of the petitioner has an absolute right to be represented by counsel before a tribunal such as the one in question in this matter. I digress to mention that distinctions between quasi-judicial and administrative functions, and distinctions between the obligation to act in accordance with the rules of justice and with fairness seem, mercifully, to be no longer necessary: Martineau v. Matsqui Institution Disciplinary Bd., 1979 CanLII 184 (SCC), [1980] 1 S.C.R. 602, 13 C.R. (3d) 1, 15 C.R. (3d) 315,50C.C.C. (2d) 353, 106 D.L.R. (3d) 385 at 410-12, 30 N.R. 119, per Dickson J. As that learned judge said: … In the final analysis, the simple question to be answered is this: Did the tribunal on the facts of the particular case act fairly toward the person claiming to be aggrieved?
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a personal representative of the deceased's estate make a claim under s. 151(3) of the BC Supreme Court of Justice for personal representative leave to continue to pursue his claim? (British Columbia, Canada)
If a person acts within their legal rights, is that person liable even if another person suffers a loss? (British Columbia, Canada)
In what circumstances will the Respondent at the Human Rights Tribunal of B.C. claim that the Applicant be denied the right to continue to pursue his human rights claim? (British Columbia, Canada)
Can a member of a judicial or quasi-judicial tribunal be held absolute immunity from action for comments made in a decision made pursuant to a statutory duty imposed on the tribunal? (British Columbia, Canada)
What are the conditions that must be met by the court to exercise the right to exercise a personal injury right? (British Columbia, Canada)
What is the legal test for a personal representative to proceed in a personal injury proceeding? (British Columbia, Canada)
Is a statutory right of way an absolute right? (British Columbia, Canada)
Can an accused person refuse to be represented by counsel at trial? (British Columbia, Canada)
What is the test for determining whether the Human Rights Tribunal of BC has jurisdiction to hear a human rights complaint against the respondent? (British Columbia, Canada)
What is the police duty of informing a detained person that they have a right to retain counsel? (British Columbia, Canada)
