Does s. 7(e) of the Canadian Bill of Rights require the courts to observe "natural justice" in the context of conflict of law cases?

Alberta, Canada


The following excerpt is from Lavallee v. Alberta (Securities Commission), 2009 ABQB 17 (CanLII):

The courts will imply a duty to observe the rules of “natural justice” in the absence of express legislative provision to the contrary, but there is no constitutional impediment to an express legislative provision to the contrary. Once again, an exception must be made for the federal jurisdiction, because s. 2(e) of the Canadian Bill of Rights requires compliance with “the principles of fundamental justice” for the determination of “rights and obligations”. Note also Morguard Investments v. De Savoye 1990 CanLII 29 (SCC), [1990] 3 S.C.R. 1077, 1110 (obiter suggestions by La Forest J. that s. 7, “though not made expressly applicable to property”, might play a role in conflict of law cases in the courts).

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