Competing Human Rights Claims during Tribunal Procedures

• Author: Gary Yee
• Pages: 191-202

191

Chapter 6

Competing Human Rights Claims

during Tribunal Procedures

Gary Yee*

A. Introduction

In such a diverse society as Ontario, what are the competing

rights issues faced by adjudicative tribunals that try to be respon-

sive to the diversity of the parties and still operate wholly within

the rule of law with an impartial and fair process? This short

paper will seek to examine the intersection of human rights and

the general procedural rights of natural justice and fairness in

adjudicative tribunals.

In dealing with this relatively new subject, the expectation

must not be raised that there are simple answers. As such, this

paper seeks to lay the foundation for the discussion and set out

some of the major areas for consideration, rather than to provide

clear solutions in such a multi-faceted area.

B. Tribunals, Natural Justice, and Fairness

Before discussing competing rights issues in tribunals, I will

provide a foundation for the discussion by briely setting out the

nature of tribunals, and the principles of natural justice and pro-

cedural fairness (with apologies to the tribunal and administra-

tive law experts amongst us).

* The views expressed in this paper may be personal views that are not

necessarily those of the Tribunal.