What is the duty of fairness owed in the context of releases from the military?

Turning to the merits, there are several authorities relating to the duty of fairness owed in the context of decisions concerning releases from the military. In Diotte v. Canada1, the applicant had been advised that his behaviour would lead to "career action" and he was given notice of the grounds supporting the release recommendation and of his right to grieve the decision. Yet, his release was a "fait accompli" before he was given an opportunity to respond to the evidence against him and before he had any opportunity to be heard. In finding that procedural fairness had not been met, Mr. Justice Cullen wrote: Mr. Justice Walsh, later rehearing Diotte, agreed with this point of view, holding that

In Lee v. Cairns et al.1, Mr. Justice Cullen again had occasion to discuss procedural fairness in the context of a dismissal from the military. In allowing the application in that case, His Lordship wrote: