1. THE PRINCIPLES OF NATURAL JUSTICE
Secretariat and Office of General Counsel
22 September 2016
Secretariat & Office of General Counsel

2. INTRODUCTION
The rules of natural justice are derived from administrative law, one of the branches of law governing interactions between governments and private citizens.
To a greater or lesser degree, the concepts – natural justice, procedural fairness, fair play in action – have been applied to decision-making in judicial, quasi-judicial and administrative settings outside of government, including at universities.
Therefore, it is important to understand the principles of natural justice in order to be able to apply them correctly in your role as a University decision maker.
Secretariat & Office of General Counsel

3. SPECTRUM OF FAIRNESS
Administrative Matters Judicial/Quasi-Judicial Matters
fewer procedural considerations court-like procedures
Duty of Fairness Natural Justice
Considerations
- nature of decision being made and process followed in making it
- nature of the statutory scheme and terms according to which the body operates
- importance of the decision to the individual(s)
- legitimate expectations of the individual(s)
- choice of procedure made by the body itself
Secretariat & Office of General Counsel

4. Principles of natural justice
The rules of natural justice are enshrined in the following two principles:
“audi alteram partem” (let the other side be heard). This is the principle that no person should be judged without a fair hearing in which each party is given the opportunity to present their case and respond to the evidence against them.
“nema judex in causa sua” (no one can be the judge in their own cause). This gives rise to a duty to act fairly, to listen to arguments and to reach a decision in a manner that is untainted by bias.
The key to natural justice is to ensure that decision-making processes are transparent, impartial, evidence-based and, therefore, fair.
Secretariat & Office of General Counsel

5. Audi alteram partem the right to be heard
1. Notice of Hearing
2. Hearing
a) Written vs. Oral
b) Evidence
c) Assistance
d) Witnesses
e) Adjournment
Decision
a) Decisions by persons who have heard all the evidence
b) Decision based substantially on the evidence submitted at the hearing
c) Reasons for the decision
d) Hearing within a reasonable time
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6. Nemo Judex in causa sua debet esse FREEDOM FROM BIAS
Pecuniary interest
Family relationship and personal friendship
Professional relationship
Attitudinal bias
Involvement in process
Secretariat & Office of General Counsel

7. UNIVERSITY OF WATERLOO POLICIES
FOR STAFF
FOR STUDENTS
FOR FACULTY
Policy 18 – Staff Employment
Policy 33 - Ethical Behaviour
Policy 36 – Dispute Resolution for University Support Staff
Union Agreement between the University of Waterloo and The Canadian Union of Public Employees C.L.C. Local 793
Policy 33 – Ethical Behaviour
Policy 70 – Student Petitions and Grievances
Policy 71 – Student Discipline
Policy 72 Student Appeals
Policy 77 (Part 7) – Tenure and Promotion of Faculty Members
The Memorandum of Agreement between the Faculty Association of the University of Waterloo and the University of Waterloo – Article 9 (Grievance and Arbitration)
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8. FAILURE TO APPLY RULES OF NATURAL JUSTICE
Mandamus  an order demanding a person to perform a duty or an act.
2. QuoWarranto  removal of a person occupying an office illegally.
3. Judicial Review  court of law is asked to rule on the appropriateness of a University decision.
Secretariat & Office of General Counsel

9. Questions & contact If you have any questions, please contact:
Secretariat:
Alice Raynard
Office of General Counsel:
Laurie Arnott
Secretariat & Office of General Counsel