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Human Rights
Section 36 guarantees a fair hearing within a reasonable time. It shapes court process, and its principles echo through tribunals and internal proceedings too.
Situation: You are facing a charge, a claim or a disciplinary process
Stated generally. The exact position always depends on the facts.
What you should do
What you should not do
“Fair hearing only applies in criminal courts.”
Section 36 speaks to the determination of civil rights and obligations as well, and its principles inform tribunal and internal processes.
“A fair hearing means the outcome must go your way.”
It concerns process: notice, an opportunity to be heard, and an impartial decision-maker.
When to speak to a lawyer