“General common law principle of procedural fairness lies as a duty on every public authority making an administrative decision NOT of a legislative nature AND which affects the rights, privileges or interests of an individual.” (Cardinal v. Kent) Re Webb: eviction from subsidized housing facility due to complaints against Webb’s children (teenage thieves) Challenge on basis that she wasn’t given notice, so not given procedural fairness that she was due You don’t have a right to subsidized housing However, it DOESN'T HAVE TO BE A RIGHT TO NEED PROTECTION, CAN BE AN INTEREST OR PRIVILEGE Threw out the old distinction between a vested right and unvested one Doesn’t matter if applying for something, or having it taken away Hutfield: doctor denied hospital privileges, never given reasons Argued that hospital privileges are essential, about professional license Also argued liberty interest under s. 7 of Charter General a right and interest to which procedural rights attach Court said not really 1. Are Cabinet and Ministerial Decisions Covered by the Legislative Exemption? Not subject to any legislative exemption per se, but it will often be easy to characterize Cabinet and ministerial decisions as legislative, and as a result they will be exempted from the duty In Inuit Tapirisat federal cabinet rejected appeal from a decision made by CRTC allowing a rate increase without allowing petitioning group to be heard Estey concluded the Cabinet’s power to be legislative in nature He did not want to burden the cabinet with hearing requirements
“General common law principle of procedural fairness lies as a duty on every public authority making an administrative decision NOT of a legislative nature AND which affects the rights, privileges or interests of an individual.” (Cardinal v. Kent) Re Webb: eviction from subsidized housing facility due to complaints against Webb’s children (teenage thieves) Challenge on basis that she wasn’t given notice, so not given procedural fairness that she was due You don’t have a right to subsidized housing However, it DOESN'T HAVE TO BE A RIGHT TO NEED PROTECTION, CAN BE AN INTEREST OR PRIVILEGE Threw out the old distinction between a vested right and unvested one Doesn’t matter if applying for something, or having it taken away Hutfield: doctor denied hospital privileges, never given reasons Argued that hospital privileges are essential, about professional license Also argued liberty interest under s. 7 of Charter General a right and interest to which procedural rights attach Court said not really 1. Are Cabinet and Ministerial Decisions Covered by the Legislative Exemption? Not subject to any legislative exemption per se, but it will often be easy to characterize Cabinet and ministerial decisions as legislative, and as a result they will be exempted from the duty In Inuit Tapirisat federal cabinet rejected appeal from a decision made by CRTC allowing a rate increase without allowing petitioning group to be heard Estey concluded the Cabinet’s power to be legislative in nature He did not want to burden the cabinet with hearing requirements
Ford_Law_210_-_Administrative_Law_Fall_2011_Erin_Kizell.docx