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October 22, 3NN6

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Political Science
Greg Flynn

Started on: 10/22/2013 12:40:00 PM Last saved on: 11/10/2013 5:37:00 PM C LASS N OTES FOR : P OLITICAL S CIENCE 3NN6 McMaster University, Fall 2013 T UESDAY , O CTOBER 22, 2013 Hypothetical Fact Scenario – Administrative Law Natural Justice FACTS ISSUE Were Michael Grant’s Natural Justice rights infringed? (Or procedural rights) Dealing with the process: how the decision was made. Were Michael Grant’s AAP and Bias LAW (Contextual Factors BAKER) – At this point, we are not concerned about Mr. Grant at all; this is an abstract decision. In the abstract, what degree of protection should he have been given. 1. Resemblance to Judicial Process a. Does not resemble a judicial process 2. Wording of Statute a. LOW – because the Minister makes the decision; 3. Importance of the Decision a. HIGH importance 4. Expectations of Individual a. How do we determine the level of protection in the process? b. Should expect the same kind of process that the women got? c. Procedural expectations should have been LOW; statute says that you apply in writing, because the women who applied only got this, he wouldn’t be expecting to get a judge or d. If other people had gotten a hearing, then he would EXPECT to have a hearing. e. It is low because he was not concerned with the process itself; 5. Decision Maker’s Procedural Choices a. All applied under the International Transfers of Offenders Act b. Application was looked at by a member c. Decision was made to a Minister d. Because the previous decisions made were low, if they would have given another applicant a more extensive hearing, this would have been high. (Full hearing with e. LOWdence, judges, etc.) 6. Where does he fall on the scale? a. POSSSIBLE PROTECTIONS - Based on the fact that 4 out of the 5 contextual factors are low, he falls on the lower end of the spectrum. 1 Started on: 10/22/2013 12:40:00 PM Last saved on: 11/10/2013 5:37:00 PM i. We would expect he would get at least NOTICE of hearing and REPRESENTATION 1. Nicholson case; where at least he was given the notice of hearing and
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