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Difference between revisions of "Review of Administrative Decisions for Public Complaints (5:III)"
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Review of Administrative Decisions for Public Complaints (5:III) (view source)
Revision as of 17:56, 16 August 2021
, 17:56, 16 August 2021→(a) Standard of Review
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====== (a) Standard of Review ====== | ====== (a) Standard of Review ====== | ||
Generally, the tribunal’s procedural decisions will be assessed on a standard of '''fairness'''. The court will show deference to the administrative body’s discretionary choice of procedures, provided that the selection is fair in the circumstances. See e.g. ''[https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/1717/index.do Baker v. Canada (Minister of Citizenship and Immigration)]'', [1999] 2 SCR 817 | Generally, the tribunal’s procedural decisions will be assessed on a standard of '''fairness'''. The court will show deference to the administrative body’s discretionary choice of procedures, provided that the selection is fair in the circumstances. See e.g. ''[https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/1717/index.do Baker v. Canada (Minister of Citizenship and Immigration)]'', [1999] 2 SCR 817. | ||
For provincial tribunals to which the ''ATA'' applies, the Act provides: “questions about the application of common law rules of natural justice and procedural fairness must be decided having regard to whether, in all of the circumstances, the tribunal acted '''fairly'''” (ss 58(2)(b) and 59(5)). | For provincial tribunals to which the ''ATA'' applies, the Act provides: “questions about the application of common law rules of natural justice and procedural fairness must be decided having regard to whether, in all of the circumstances, the tribunal acted '''fairly'''” (ss 58(2)(b) and 59(5)). | ||
