Episode 6: Procedural Fairness in Canadian Administrative Law
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Episode 6: Procedural Fairness in Canadian Administrative Law
Broadcast Date: January 14, 2021
Summary
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.
Guest
- Professor Paul Daly, Chair in Administrative Law and Governance, University of Ottawa
Host
- The Honourable Justice Christine Pallotta, Federal Court
Related documentation
Papers:
- “Unresolved Issues after Vavilov”: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3732962
- “Canada’s Bi-Polar Administrative Law: Time for Fusion”: https://journal.queenslaw.ca/sites/journal/files/Issues/Vol%2040%20i1/6.%20Daly.pdf
Blog: www.administrativelawmatters.com
In All Fairness is a Canadian Institute for the Administration of Justice podcast channel welcoming representatives from the legal community and exploring how we can all contribute to improving the administration of justice in Canada. Legal professionals will benefit from informed discussions on key issues, essential knowledge and insights to strengthen their practice.
Visit the upcoming programs section of our website or contact us if you want to learn more on administrative law and expand your skills. Numerous programs are available, including a National Roundtable on Administrative law.
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