Procedural Fairness at the McLachlin Court
The question that arises is whether and how the Supreme Court’s procedural fairness jurisprudence has provided guidance to administrative tribunals, enabling them to justify, or legitimize, exercises of public power, by providing fair procedures, equitable treatment, and responsiveness to the public.
The author’s short answer is that in the last decade, the Court has been distracted by the debate over the standard of review. The author’s hope for the next decade is that the Court will return to the basics of administrative law, providing guidance to tribunals and those who seek to assert rights before them.
Freya Kristjanson is a partner with Cavalluzzo Hayes Shilton McIntyre & Cornish LLP in Toronto.