What is the test for "fair hearing" in s. 2(e) of the Canadian Bill of Rights?

Canada (Federal), Canada

The following excerpt is from Re Howard and Inmate Disciplinary Court, 1985 CanLII 3083 (FCA):

In Duke v. The Queen (1972), 1972 CanLII 16 (SCC), 7 C.C.C. (2d) 474 at p. 479, 28 D.L.R. (3d) 129 at p. 134, [1972] S.C.R. 917 at p. 923, Fauteux C.J.C., speaking of the similar wording in s. 2(e) of the Canadian Bill of Rights, said: Under s. 2(e) of the Bill of Rights no law of Canada shall be construed or applied so as to deprive him of "a fair hearing in accordance with the principles of fundamental justice". Without attempting to formulate any final definition of those words, I would take them to mean, generally, that the tribunal which adjudicates upon his rights must act fairly, in good faith, without bias and in a judicial temper, and must give to him the opportunity adequately to state his case.

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