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T he right to an oral hearing before a decision-maker is fundamental to our concept of justice. Whether charged with having committed a crime, seeking redress for a consumer fraud or merely contesting the validity of a parking ticket, Canadians expect and receive the opportunity to appear before a court to argue the merits of their case. Our judicial tradition incorporates the notion that the fairest decision is that made after the parties have been seen snd heard and such evidence as they present has been examined. To refuse to accordan individual the right to appear before a judge in order to make out his case is, quite simply, wholly foreign to our ex~erience and ex~ectation of fair ~ l a v . in stark contrast i o our general paitern

Something Short of Justice: A Comment on Canada's Refugee Determination Process