Is a denial of a right to a fair hearing invalid?
Canada (Federal), Canada
The following excerpt is from Terreault v. Cowansville Penitentiary, 2003 FC 1529 (CanLII):
The applicant, for his part, cited Cardinal v. Kent Institution, 1985 CanLII 23 (SCC), [1985] 2 S.C.R. 643, which states that "the denial of a right to a fair hearing must always render a decision invalid, whether or not it may appear to a reviewing court that the hearing would likely have resulted in a different decision" (paragraph 23). He also cited Porto Seguro v. Belcam S.A., 1997 CanLII 308 (SCC), [1997] 3 S.C.R. 1278, paragraph 29.
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