Does the duty of fairness apply to an administrative decision that affects the rights, privileges or interests of an individual?
British Columbia, Canada
The following excerpt is from Skybar Ltd. v. British Columbia (General Manager Liquor Control & Licensing Branch), 2005 BCSC 1542 (CanLII):
In Roseau River Anishinabe First Nation v. Roseau River Anishinabe First Nation (Council), [2003] F.C.J. (Q.L.) No. 251, Kelen J. described the application of the duty of fairness as follows: Decisions made by legislative bodies of a general nature and based on broad considerations of public policy are considered to be immune from the duty of fairness. In contrast, an administrative decision that is directed at a particular person and affects "the rights, privileges or interests" of that individual will trigger the application of the duty of fairness, see Baker v. Canada, supra ...” (at para. 42).
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