Procedural Fairness in Canadian Administrative Law

Earlier this week I recorded a podcast with Justice Pallotta of the Federal Court for the Canadian Institute for the Administration of Justice’s new In All Fairness series. You can listen to the podcast here. Do also subscribe to the series.

Here is an outline of my discussion with Justice Pallotta:

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.

Listen here.

This content has been updated on January 15, 2021 at 03:53.