What is the test for assessing procedural fairness?

Alberta, Canada


The following excerpt is from 979899 Alberta Ltd. v. Alberta, 2008 ABQB 57 (CanLII):

Evaluating procedural fairness involves questions of natural justice. These do not relate to the substance of the decision, but rather, the process by which the decision was reached. The leading case in Canada dealing with procedural fairness is Baker v. Canada (Minister of Immigration), 1999 CanLII 699 (SCC), [1999] 2 S.C.R. 817. Once a question of procedural fairness arises, the question becomes whether the procedure was open and fair, appropriate to the decision being made, and its statutory, institutional and social context, with an opportunity for those effected by the decision to put forward their views and evidence.

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