Law Commons^™

Compassion And Pragmatism, James C. Hathaway

Articles

Open wide the floodgates?

Much of the initial media reaction to the recently released Plaut Report on the refugee status determination process unfortunately has given the impression that the changes proposed will in some sense give rise to "gatecrashing" by persons unwilling to comply with ordinary immigration requirements, thereby jeopardizing the ability of Canada to ensure the integrity of its borders. We are told that the adoption of the study's proposals would "encourage purported refugees to arrive here in numbers that would soon overwhelm [the proposed] procedures" (Globe and Mail editorial, June 20, 1985).

This is far from accurate.

It …

Procedural Fairness And University Students: England And Canada Compared, Clive B. Lewis

Dalhousie Law Journal

Universities have recently been subjected to increased demands for judicial scrutiny of the conduct of their affairs, especially in the area of procedural review. Much of the academic writing has concentrated on these developments as they affect the academic staff of the university.' This article seeks to redress the balance by considering procedural fairness in the context of university decision-making as it affects students. A study of university decision-making provides a useful framework for a more general consideration of the new approach to "procedural fairness" with its emphasis on balancing the nature of the decisions against the competing interests of …