The Charter and Administrative Law Part I: Procedural Fairness
Evan Fox-Decent & Alexander Pless, The Charter and Administrative Law Part I: Procedural Fairness, in ADMINISTRATIVE LAW IN CONTEXT, 3rd ed (Colleen Flood & Lorne Sossin, eds., Forthcoming).
16 Pages Posted: 22 Sep 2017
Date Written: September 20, 2017
This chapter discusses the relationship between procedural fairness in administrative law and the Canadian Charter of Rights and Freedoms. The bulk of the chapter deals with procedural fairness and the principles of fundamental justice in s. 7 of the Charter. The authors discuss oral hearings, incorporation of the common law framework for procedural fairness under s. 7 of the Charter, the duty to disclose and right of reply, the duty to give reasons, the right to counsel, delay, and ex parte, in camera hearings in the context of national security cases.
Keywords: administrative law, procedural fairness, Canadian Charter, oral hearings, undue delay, ex parte hearings, in camera hearings
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