Episode 6 | Procedural Fairness in Canadian Administrative Law

CIAJ In All Fairness - ICAJ En toute justice

Aired: January 14th, 2021 @ 10 am EST (51 mins)

What are the historical foundations of procedural fairness? When did the rules of natural justice transform into a context-sensitive duty of fairness? What is the modern approach to review for procedural fairness? Is there a difference between correctness review and the assessment of procedural fairness? What kind of procedural fairness questions commonly arise? How did we end up with a divide between procedural fairness and substantive review? Can one distinguish between procedure and substance/merits? If not, how should lawyers and judges characterize questions which may go to procedure or to substance/merits? Has the law on procedural fairness become more or less complex since Vavilov? These issues and many more will be addressed in this first episode of CIAJ’s four-part series on administrative law featuring administrative law expert Paul Daly.