How have the Minister of Health and Social Development exercised his discretion in making decisions on medical malpractice guidelines?
Canada (Federal), Canada
The following excerpt is from Sutherland v. Canada (Canada Customs and Revenue Agency), 2006 FC 154 (CanLII):
To facilitate the exercise of his discretion, the Minister has created guidelines in the form of Information Circular 92-2. However, although the Minister can formulate these general policy guidelines, he cannot fetter his discretion by treating the guidelines as binding and excluding all other relevant reasons for exercising his discretion (Maple Lodge Farms Limited v. Government of Canada, 1982 CanLII 24 (SCC), [1982] 2 S.C.R. 2 at pages 6 and 7).
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