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

See all articles by Evan Fox-Decent

Evan Fox-Decent

McGill University - Faculty of Law

Alexander Pless

McGill University

Date Written: September 20, 2017

Abstract

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

Suggested Citation

Fox-Decent, Evan and Pless, Alexander, The Charter and Administrative Law Part I: Procedural Fairness (September 20, 2017). 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).. Available at SSRN: https://ssrn.com/abstract=3040200

Evan Fox-Decent (Contact Author)

McGill University - Faculty of Law ( email )

3644 Peel Street
Montreal H3A 1W9, Quebec
Canada

HOME PAGE: http://www.mcgill.ca/law/about/profs/fox-decent-evan

Alexander Pless

McGill University ( email )

1001 Sherbrooke St. W
Montreal, Quebec H3A 1G5
Canada

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