ADMJ 103 Lecture Notes - Lecture 10: Fort Saskatchewan, Mandamus, Jaguar
Document Summary
Individualized decision making based on exercise of broad discretionary powers. Emphasis on the unique role and responsibilities of the executive branch as a reason for not extending the duty of fairness to ministerial decisions. Idziak v. canada (minister of justice) (1992) (scc) Issue whether the minister of justice had an obligation to provide procedural fairness in deciding whether to actually surrender a person to a foreign power after a deportation order was made. Justice cory discussed the minister of justice"s exercise of discretionary authority to issue a warrant of surrender in an extradition case as follows: Parliament chose to give discretionary authority to the minister of justice. It is the minister who must consider the good faith and honour of this country in its relations with other states. It is the minister who has the expert knowledge of the political ramifications of an extradition decision.
