3 Prong Test (Knight test)
In order for procedural fairness to apply at common-law, certain requirements must be met. According to L'HEUREUX-DUBÉ J. they are:
- 1. Nature of the decision to be made by the administrative body:
- (a)Administrative vs. Legislative use of power Administrative powers, specific directed at you, attract procedural fairness while legislative powers do not
- (b) Final decision maker Preliminary or interlocutory decisions don’t envoke procedural fairness
- 2. Relationship existing between that body and the individual; and Exercise of power in pursuant to statute (or prerogative) (executive action)
- 3. Effect of that decision on the individual's rights (privileges / interests)
- Low threshold requiring only that applicant have an interest and that it be impacted If all of these criteria are met then procedural fairness is triggered and the court will decide what procedures the applicant is due.