Does the common law and statutory common law rights overlap?
Yukon, Canada
The following excerpt is from Burchill v. Commissioner of the Yukon Territory, 2000 YKSC 535 (CanLII):
The plaintiff submits that, whatever the procedural rights mandated by statute, the common law imposes procedural requirements in addition to any such rights. While procedural rights at common law and under statute may co-exist, the common law rights become irrelevant where the statute sets out a scheme which meets the common law "procedural fairness" requirements. Knight v. Indian Head School Division (1990), 1990 CanLII 138 (SCC), 30 C.C.E.L. 237 (SCC). Only where the statutory scheme falls short of the common law requirements need the court examine whether the statute preserves or overrides common law rights.
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