Baker Test Case Study

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The basis for the rule against bias is the need to maintain public confidence in the legal system. Thus, this case is to determine what scope of the natural justice rights apply to Noway's case and the University - Faculty Discipline Board. THE LAW - A.A.P. (component of natural justice) How much protection should Noway get? Was the procedure and hearing fair considering the circumstances? Audi alteram partem: was he heard? How much procedural protection should an individual be given in context to the hearing? and question about BIAS: How much decisions between the decision maker and the person that we are willing to accept? THE AUTHORITY - Baker V. Canada. The Baker Test is a primary test in administrative law to determine whether or…show more content…
How much does their process represent a judicial process? Relatively similar, therefore, there should be moderate degree of similarity between the discipline board process and the judicial process. Do to the fact that their is a board and a president who acts like a judge and Noway was able to put in a formal request for an adjournment and judicial review. Though, there is no legal representation therefore there is not complete similarities. Was the wording of the process specific? The document Rod received explains the terms of his suspension and the reasoning as the letter gives merit to the Dean of Social Science’s letter. It goes on to explain the following process and incorporates the possible results of the hearing. Moreover, the letter contained the formal complaint. He was told of his rights or therefore the lack of for legal council. The wording of the process is very formal as it addresses all aspects of the procedure and lays out the charges put against Noway. Moreover, it is sent from the president of the University. What is the importance of the decision to…show more content…
Moreover, he sought legal representation, asked for a prep period and his now seeking judicial review. Also, Noway’s ideology and side business is also being attacked, and he is being prosecuted for his support of Medical Marijuana as he was never convicted of driving impaired. What are the legitimate expectations of Noway who is challenging the decision? The expected of Noway are to follow the rules and to be a leader within the community. Moreover he is expected an oral hearing. Which is high expectations of the board as oral hearings typically consist of procedure, judicial council, so on. What are the prior procedural choices? No prior proof therefore cannot conduct this aspect of the Baker test. Lower End Higher End

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