What is the duty of fairness of the Court of Appeal in determining whether an individual has been denied entry to a refugee camp?
Nova Scotia, Canada
The following excerpt is from Oxford Frozen Foods Ltd, v Nova Scotia (Workers’ Compensation Board), 2017 NSSC 245 (CanLII):
The duty of fairness is calibrated to the nature of circumstances of the case. In Baker v. Canada (Minister of Citizenship and Immigration)[6] the court set out five factors for consideration. One factor is “the nature of the decision being made and the process followed in making it”. That involves a consideration of whether the decision is legislative or political involving the entire community or is an adjudicative decision involving an individual. It also involves the process as set out in the statute for making the decision. The closer the prescribed procedure is to a trial model the greater the duty of fairness.
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