The rights enumerated under s. 7 of the Charter can be compromised in the cases where the infringing law is in "accordance with the principles of fundamental justice". A simple definition means due process requires notice and an opportunity to be heard before adverse action is taken against you. The principles of fundamental justice are specific legal principles that command "significant societal consensus" as "fundamental to the way in which the legal system ought fairly to operate", per R v Malmo-Levine. The Fundamental Fairness Doctrine applies the principles of Due Process to judicial proceedings. "PLAIN ERROR" AND "FUNDAMENTAL FAIRNESS": TOWARD A DEFINITION OF EXCEPTIONS TO THE. In criminal cases examples of due process include the need for probable cause to arrest someone and that a criminal defendant is presumed innocent until proven guilty by an impartial judge or jury. In Canadian and New Zealand law, fundamental justice is the fairness underlying the administration of justice and its operation. How to use fairness in a sentence. Fairness definition is - the quality or state of being fair; especially : fair or impartial treatment : lack of favoritism toward one side or another. The meaning of that particular word is in no way clear in all cases. RULES OF PROCEDURAL DEFAULT. That is, there are core values within the justice system that must prevail over these rights for the greater good of society. Paul T. Wangerin* Historically, criminal defense counsel have been required to make timely procedural motions and contemporaneous objections to trial or pretrial errors or lose forever the right to raise those er- Fairness doctrine definition, a policy mandated by the Federal Communications Commission, requiring radio and television stations to grant equal time to a political candidate, group, etc., to present an opposing viewpoint to one already aired. Expert Opinion Fundamental Fairness Involves More Than Due Process Here in Connecticut, the fundamental fairness doctrine not only overlaps, but may also transcend, due process. Fairness definition, the state, condition, or quality of being fair, or free from bias or injustice; evenhandedness: I have to admit, in all fairness, that she would only … See more. The fundamental fairness doctrine is fairly nebulous since it just says that states have to be fair.