Does the standard of correctness apply to a preliminary determination of inadequate material at the Appeal Board?
Canada (Federal), Canada
The following excerpt is from Bacon v. Appeal Board of the Betsiamites Band Council, 2009 FC 1060 (CanLII):
Where the issue relates to the principles of natural justice and procedural fairness, the standard of correctness must apply (Sketchley v. Canada (Attorney General), 2005 FCA 404, [2006] 3 F.C.R. 392; Dunsmuir, at paragraph 57). Did the Appeal Board err in determining on a preliminary basis that the material that had been filed was inadequate, before it had even investigated?
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