How close is the administrative process to the judicial process?

New Brunswick, Canada


The following excerpt is from C.U.P.E, Local 2404 et al. v. Grand Bay-Westfield, 2005 NBQB 313 (CanLII):

In Knight v. Indian Head School Division No. 19, 1990 CanLII 138 (SCC), [1990] 1 S.C.R. 653, it was held that "the closeness of the administrative process to the judicial process should indicate how much of those governing principles should be imported into the realm of administrative decision making." The more the process provided for, the function of the tribunal, the nature of the decision-making body, and the determinations that must be made to reach a decision resemble judicial decision making, the more likely it is that procedural protections closer to the trial model will be required by the duty of fairness.

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