What is the meaning of the words “an essential of justice” and “physical exclusion” in the context of an assault case?
British Columbia, Canada
The following excerpt is from Sandhu v. Guram, 2008 BCSC 1170 (CanLII):
He repeats the phrase “an essential of justice” in a second paragraph at page 510 which I quote: Acceptance of this conclusion does not deny jurisdiction in the court at the trial or in the presiding judicial official at any stage of the proceedings to order the physical exclusion of a party, should a violation of an essential of justice occur or be threatened, if exclusion is not directed. What may constitute such a violation depends on the situation in each case appraised in its own atmosphere, see Bird v. Vieth (1899) 7 BCR 31.
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