Competing Human Rights Claims during Tribunal Procedures

AuthorGary Yee
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.

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