ADMJ 103 Lecture Notes - Lecture 9: Willard Estey, Natural Justice
Document Summary
), the court expressed the point categorically: [t]he rules governing procedural fairness do not apply to a body exercising purely legislative functions. But the idea of exemption by category is problematic exemptions accorded to legislations, cabinet and ministerial decisions. The categorical exemption of legislative functions becomes especially problematic as it extends beyond primary legislation to include secondary legislation and policy decisions, both of which are discussed below. It invites argument over the meaning of the term legislative and makes for all-or- nothing outcomes. It is exempt from the duty of fairness because any meaningful conception of a separation of powers between the legislature and the courts demands it. [a] purely ministerial decision, on broad grounds of public policy, will typically afford the individual no procedural protection. {emphasis added} Estey j. emphasized the practical difficulties inherent in extending the duty of fairness of cabinet decisions.
