Lecture #2 - Fairness

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Lecture #2: - Risk assessment on offenders- risk assessment as a form of science to see if sum1 has been sexually assaulted.

- Dennis OConnor- led Walkerton inquiry - Who is representing who is showing up??? - What is the standard for inquiries on fairness- they use the standard of ministry of tribunals- standards of fairness. Grounds of fairness are incomplete- reasonable person says to look at document. Cannot be based on unreasonable factors. Accuse self if it is bias. - Cretian sued Gonry- for being bias. - What are the elements of fairness: 1) thoroughness to look at all the information 2) respectful in regards to attitude, no prejudgment, the way questions are worded 3) being unbiased 4) consistency in procedure and dont want rulings to be all over the map. Need reasonable consistency of what will be. 5) need notice of the action- u need to be informed of what being accused of. 6) Get a lawyer 7) Access to documents- full disclosure about u who the other witness r what they r expected to say and whether they have documents in their position that u will need. 8) does it need to be public - if public= Tainiting other processes. - Issues dealt in public manner r 1) children, 2) national security, 3) medical - Hard to get documents from CSIS, medical documentation is restricted, jurisdiction issues, solicitor client privilege, cant get judges therefore cant get their clerks, secretaries or janitors that clean their desk all of the is protected, cabinant documents- anything from the political stuff in the govt. policitical corresponse of ministers, anything that is not administrative in nature. Tribunals dont need to follow precedence. dont want to be like courts. - They are secretive- more public we r the better. RELATE TO FAIRNESS!!!!!!

- TRUTH JUSTICE AND THE LGALITY WAY- talk about accountability- ability to give account of wht u r doing. - auditors- what were the rules, did u comply with them. They dont make recommendations

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