SUPREME COURT: RULE 18A

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With respect to the right to be heard, Rinfret CJC, in Alliance des Professeurs Catholiques de Montreal v. Labour Relations Board (1953) said:

The principle that no one should be condemned or deprived of his rights without being heard, and above all without having received notice that his rights would be put at stake, is of a universal equity and it is not the silence of the law that should be invoked in order to deprive any one of it.

In my opinion, nothing less would be necessary than an express declaration of the Legislature, in order to put aside this requirement which applies to all Courts and to all the bodies called upon to render a decision that might have the effect of annulling a right possessed by an individual.

Myth: The Courts are the protectors of the constitution.

Read the decision of the Court on the first case where a Plaintiff challenged Rule 18A:

SILBERNAGEL v. CANADIAN STEVEDORING