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Procedural Obligations

Duty of Fairness:

Duty of fairness requires some requirements of natural justice. Fairness is minimum duty mustbe met,

Duty of fairness promotes the better- informed decision making process, better policy outcome,helps to ensure that individuals are with respect in the administrative process.

Duty of Fairness require two things

R. to be heard

R. to independent and mpartial hearing

ISSUES

!hether there is breach of duty of fairness"

!hat does the duty of fairness require in relevant circumstances"

#as the threshold of the application of the duty has been met"

Duty of fairness applies to:

$%ecutive actors, tribunals, official acting through statutory authority & effect the individualsrights, privileges or interest.

Limitations to duty of fairness: (Procedural fairness required

'ot to nvestigations, (egislative decisions, )abinet *inister decisions, subordinate legislation,public policy decision, public office holder +at pleasure , not apply on contract public officeholders, *unicipal by-laws +case- pg. / .

!a"er #ase for determining t$e contents of t$e duty of fairness % 0ee book &+pg 12 - 23-pencil notes

&ature of Decision & 4dmin. 5udicial , 6uasi &5udicial -

'ature of 0tatutory 0cheme & (ess on pre-stage +investigation , and Final 0tage-more

$ffect on ndividual & career, livelihood, employment, profession

(egitimate $%pectation & promise,

)hoice of procedure & e%pert has ability to choose its own procedure & less, becausee%pert

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#ontents of Duty of fairness +fairness required in following +pg. 17

)riminal (aw prosecution

#uman Rights 4djudication

(icensing Regulation

#ontents +pg. /7- /1 -

&otice' reasonable opportunity to present proofs and arguments and to respondthose, presented in opposition.

Disclosure - duty to disclosure can be tailored according to the needs ofparticular circumstances. & )procedure in statute.

Oral $earing' 8ood reason for not granting, including e%pense and delay.

*) to #ounsel +no right in admin proceding ,

*) to call e+idence and cross'e,amination % right is solely on will of the holder

of the right.-imeliness and Delay % 9ribunals generally not bound by the time periods,provide less formal, less e%pensive, but not speedy. 0ometime the members arepart time.

Duty to gi+e reasons % 0cope of this duty is limited, given in Baker case ,reasons are not required for all decisions, e%cept in certain circumstance givenbelow:

Significant Importance for indi+idual

*equired if appeal process e,ist

.udicial *e+ie/ of Duty of Fairness' Cardinal case rule SCC !reac$ of duty of fairness can ma"e t$e decision in+alid , doesn;t matter what the

law says.