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Author:
judeness
ID:
104372
Filename:
Law
Updated:
2011-10-05 03:47:52
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Description:
Procedural Fairness
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  1. 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.
  2. Ridge v. Baldwin, [1963] Employment categories for procedural fairness.
    • i) master-servant relationships (i.e. contractual employment),
    • (ii) offices held "at pleasure", and
    • (iii) offices where there must be cause for dismissal, which included the chief constable's position. According to Lord Reid, only the last category of persons was entitled to procedural fairness in relation to their dismissal since both contractual employees and office holders employed "at pleasure" could be dismissed without reason
  3. A. Wooley identify with every case
    • -what was decided?
    • -who made decision?
    • -on what process used to make it?
  4. The five factors from Baker, to be considered in deciding whether procedural fairness exists in a given set of circumstances include:
    • 1-the nature of the decision being challenged and the process followed in making that decision;
    • 2-the nature of the applicable statutory scheme and the terms of the governing statute;
    • 3-the importance of the decision to the person affected by it;
    • 4-the legitimate expectations of the person challenging the decision; and
    • 5-the extent of deference to be accorded to the procedures chosen by the decision maker.
  5. prerogative writs
    • 1-certiorari-gives ct power to quash or set aside a decision
    • 2-prohibition- is used to order a tribunal not to proceed in a matter
    • 3-mandamus- used to order the performance of a public duty
    • 4-habeas corpus-show cause for locking person up with a view to ordering the release of a person who is unlawfully imprisoned
    • 5-quo warranto-rare-show reason, requires the person to whom it is directed to show what authority they have for exercising some right or power they claim to hold.

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