Can a Minister make a decision that is a purely ministerial decision consistent with minimal procedural fairness?

Ontario, Canada


The following excerpt is from Nation Rise Wind Farm Limited Partnership v. Minister of the Environment, Conservation and Parks, 2020 ONSC 2984 (CanLII):

In this case the Minister submits that the nature of the decision being made was consistent with minimal procedural fairness as it was a ministerial decision closer to the policy end of the spectrum. In Martineau v. Matsqui Institution, 1979 CanLII 184 (SCC), [1980] 1 S.C.R. 602 at 628, Dickson J., as he was then, found that this rule applies to “purely ministerial decision[s]”. However, such decisions were distinguished from those of a judicial or quasi-judicial nature in which individuals were entitled to substantial procedural fairness (ibid at pp. 628-629).

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