The standard of review for issues of procedural fairness is sometimes stated to be “correctness”.[16] It is also characterized as a review as to “whether the rules of procedural fairness or the duty of fairness have been adhered to.”[17] These formulations of the standard of review are generally taken to mean the same thing: there is discretion and flexibility respecting process before administrative tribunals, and so it cannot be said there is always a single “correct” view of the procedures to be followed. However, administrative discretion must be exercised in a way that is procedurally fair. In assessing procedural fairness in a particular case, the court uses the factors set out in Baker v. Canada (Minister of Citizenship and Immigration).[18]
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