LEGAL PRINCIPLE: CONSTITUTIONAL LAW – Fair Hearing – Failure to Consider One of Many Contentions
PRINCIPLE STATEMENT
Not considering one of the many contentions of a party in a case cannot by itself constitute a denial of fair hearing. A denial of fair hearing connotes a refusal to consider the pertinent and relevant issues in the case essential to its determination. In such a situation a fair minded objective observer will come to the conclusion that the hearing of the case has not been fair to the person affected... Where the issue placed before the judge is one not relevant or crucial to the determination of the case before the court, non-reference to it is not a denial of fair hearing.
RATIO DECIDENDI (SOURCE)
Per Karibi-Whyte, JSC, in Wilson v. Oshin (2000) NLC-2291994(SC) at p. 14; Paras D–E.
"Not considering one of the many contentions of a party in a case cannot by itself constitute a denial of fair hearing. A denial of fair hearing connotes a refusal to consider the pertinent and relevant issues in the case essential to its determination. In such a situation a fair minded objective observer will come to the conclusion that the hearing of the case has not been fair to the person affected... Where the issue placed before the judge is one not relevant or crucial to the determination of the case before the court, non-reference to it is not a denial of fair hearing."
EXPLANATION / SCOPE
Failure to consider one of many contentions does not automatically deny fair hearing. Fair hearing is denied only when the court refuses to consider pertinent, relevant, and essential issues. If the omitted contention is not relevant or crucial, non-reference is not a denial. The test is objective: would a fair-minded observer conclude the hearing was unfair? The court may disregard non-essential issues without violating fair hearing. This prevents parties from claiming denial based on every omitted minor point. The substance of fairness is consideration of material issues, not exhaustive reference to every argument.