What is the standard of review for common law rules of natural justice?
British Columbia, Canada
The following excerpt is from PHS Community Services Society v Swait, 2018 BCSC 824 (CanLII):
The standard of review with regard to the common law rules of natural justice is “whether, in all the circumstances, the tribunal acted fairly”: s. 58(2)(b) of the ATA. The guiding principles are set out in Baker v. Canada (Minister of citizenship and Immigration), 1999 CanLII 699 (SCC), [1999] 2 S.C.R. 817 where the court noted that “procedural fairness is eminently variable and its content is to be decided in the specific context of each case” (para. 21). The goal is to ensure that “administrative decisions are made using a fair and open procedure, appropriate to the decision being made and its statutory, institutional, and social context, with an opportunity for those affected by the decision to put forward their views and evidence fully and have them considered by the decision-maker” (para. 22).
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