Does the duty of fairness apply to an administrative decision that affects the rights, privileges or interests of the individual?
Canada (Federal), Canada
The following excerpt is from Brunico Communications Inc. v. Canada (Minister of Canadian Heritage), 2004 FC 643 (CanLII):
In Roseau River Anisinabe First Nation v. Roseau River Anishinabe First Nation (Council), [2003]_F.C.J. No. 251 at para. 42, Kelen J. discussed the application of the duty of fairness as follows: Decisions made by legislative bodies of a general nature and based on broad considerations of public policy are considered to be immune from the duty of fairness. In contrast, an administrative decision that is directed at a particular person and affects "the rights, privileges or interests" of that individual will trigger the application of the duty of fairness, see Baker v. Canada (Minister of Citizenship and Immigration),1999 CanLII 699 (SCC), [1999] 2 S.C.R. 817 at para. 20.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the duty of a public authority making an administrative decision which affects an individual's rights, privileges or interests? (Canada (Federal), Canada)
Does a prior final determination that an individual is not disabled create a rebuttable presumption that the individual retains the ability to work after the date of the prior administrative decisions? (MultiRegion, United States of America)
What is the test for considering both societal interests and individual rights within s. 7 of the Criminal Code? (Canada (Federal), Canada)
What are the factors supporting the argument that section 926A of the Civil Rights Act creates an individual federal right to possess and carry a firearm? (MultiRegion, United States of America)
Does a postjudgment appeal rule apply to the attorney client privilege of psychotherapist-patient privilege? (MultiRegion, United States of America)
Does Norse have a fair chance to exercise his right to a fair trial? (MultiRegion, United States of America)
What is the impact of a decision-maker bypassing administrative decision-makers on a constitutional matter such as this? (Canada (Federal), Canada)
Does section 25 of the Access to Records Act, which provides exemptions to disclosure under the Corporations Privileges Act, apply to solicitor-client privilege? (Canada (Federal), Canada)
Does the right to a speedy trial in a civil case apply to the other rights secured by the sixth amendment? (MultiRegion, United States of America)
What is the test for applying the Convention on Human Rights in the context of human rights issues? (MultiRegion, United States of America)
