LAWS 2502 Lecture Notes - Lecture 4: Office Of The Commissioner Of Official Languages, Ouster Clause, Natural Justice
8 Apr 2015
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The two rules of social justice: audi alteram partem, hear the other side, both sides must be heard, nemo iudex in causa sua, nobody can be judge in their own case, rule against bias. For a long time, these rules of natural justice (with their origin in judicial procedure) were required only for administrative tribunals with judicial (or quasi-judicial) functions, but not e. g. for those with administrative functions. The core element of the rules of natural justice, the duty to act fairly (doctrine of fairness), has been required as well for those administrative tribunals which exercise not (quasi) judicial, but administrative function. Regional board of commissioners of police (scc, 1979) (textbook ch. 4, p. 83-86). The singh case (scc, 1985) (textbook ch. 4, p. 87-90) Interesting because both the canadian bill of rights (1960) and the charter of. Rights (1982) were used: and the case illustrates both judicial review of legislation and judicial review of administrative action.
