Duke V. The Queen - Decision

Decision

The Court found that fundamental justice was, for the purposes of this case, merely equivalent to natural justice.

As the Court wrote,

I would take them to mean, generally, that the tribunal which adjudicates upon his rights must act fairly, in good faith, without bias, and in a judicial temper, and must give to him the opportunity adequately to state his case.

However, the author of the majority opinion, Chief Justice Gérald Fauteux, did say that he was not trying "to formulate any final definition" of fundamental justice.

The relevant section of the Bill of Rights also references a hearing. As Fauteux noted, there was no hearing in this case. However, it was alleged that if the accused's lawyer had been given the breath sample, a trial would follow in which evidence regarding the breath sample would be debated. Fauteux replied that the denial of access to evidence does not breach the right to a fair trial unless the law mandates access to such evidence. According to the Criminal Code and its history, such access is not guaranteed.

The case also involved consideration of section 2(f) of the Bill of Rights, which states that no law shall "deprive a person charged with a criminal offence of the right to be presumed innocent until proved guilty according to law in a fair and public hearing by an independent and impartial tribunal, or of the right to reasonable bail without just cause." However, the Court noted that section 2(f) does not contain more rights relevant to this case than section 2(e). Therefore, losing the case under section 2(e) implied also losing under section 2(f).