Does a Minister of Justice have a duty of procedural fairness owed to the applicants?

New Brunswick, Canada


The following excerpt is from PT v New Brunswick (Social Development), 2011 NBQB 318 (CanLII):

Although the Minister’s primary duty was to the child, I am of the opinion that the Minister had a secondary duty, to the applicants - to be fair to them, at least to the extent that it did not impair the Minister’s duty to the child. There are three reasons why. The first is that the applicants’ interests, to be identified in more detail shortly, were in jeopardy of being deeply affected by the Minister’s decision. Second, as will be shown, a duty of fairness to the applicants benefits the child. And third, the duty of fairness is a relative concept, dependant on a contextual assessment. It need not be an all or nothing proposition. Simply put, what the duty of fairness calls for in any given situation depends on the situation: The existence of a duty of fairness, however, does not determine what requirements will be applicable in a given set of circumstances… (Baker v. Canada, supra at para. 21) iii. To what extent was a duty of procedural fairness owed?

Other Questions


What are the factors used to determine whether a plaintiff has a duty of fairness or natural justice? (New Brunswick, Canada)
What is the difference between a learned justice and learned justice? (New Brunswick, Canada)
What is the test for procedural fairness in education? (New Brunswick, Canada)
What is at stake for the applicants in a medical malpractice case? (New Brunswick, Canada)
Does the duty of fairness extend to administrative tribunals? (New Brunswick, Canada)
What are the elements of the common law defence of fair comment? (New Brunswick, Canada)
What is the difference between the originating process and the originating procedure? (New Brunswick, Canada)
What is the standard for fairness in a summary judgment case? (New Brunswick, Canada)
Can a failure of natural justice be cured at the appellate level? (New Brunswick, Canada)
What is the test for fair comment? (New Brunswick, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.