How have courts interpreted s. 9(4) of the Canadian Bill of Rights?
Canada (Federal), Canada
The following excerpt is from Bertram S. Miller Ltd. v. R., 1986 CanLII 4041 (FCA), [1986] 3 FC 291:
The respondent also relied on s. 2(e) of the Canadian Bill of Rights. But the inspector's order to destroy was made in what I have described as an "emergency situation", that is, under s. 9(4). There was a duty to act fairly, but in this emergency situation that duty did not extend to a duty to grant a hearing: see White v. Redfern (1879), 5 Q.B.D. 15, and De Verteuil v. Knaggs, [1918] A.C. 557 at pp. 560-1.
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