What procedures meet the duty of an administrative body to fairness?
British Columbia, Canada
The following excerpt is from Westbank v. B.C. (Minister of Forests) and Wenger, 2000 BCSC 1139 (CanLII):
The particular procedures that meet the duty vary with particular circumstances. As the majority said in Knight v. Indian Head School Div. No. 19, 1990 CanLII 138 (SCC), [1990] 1 S.C.R. 653 at 682 “the concept of procedural fairness is eminently variable and its content is to be decided in the specific context of each case”. The majority held that the existence of a general duty to fairness depends on the nature of the decision to be made by the administrative body; the relationship of that body to the effected party; and, the effect of the decision on the individuals’ rights.
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