LAWS 3506 Lecture Notes - Lecture 4: Determinative

• School: Carleton University
• Department: Law
• Course: LAWS 3506
• Professor: Bahaa Sunallah

Document Summary

Lecture 4 procedural fairness the right to be heard. Where do we find procedural fairness rules: rules regarding procedural fairness are found in, an agencies enabling statues, other statues under which agencies make decisions, charter of rights and freedoms. In common law principles applied by the courts: keep in mind that procedural fairness is not absolute but contextual, this means that the more serious the consequence of the procedure, the greater the level of fairness needed. In baker v. canada, the scc said that in determining the appropriate level of fairness and the specific procedures that must be followed aby a tribunal/agency, they should look at the: The court must consider the nature of the decision being made and the process followed in making it. The closeness of the administrative process to the judicial process indicates that more procedure is required.