What is the test for procedural fairness in the context of legislation being considered in the House of Representatives?

British Columbia, Canada


The following excerpt is from R. v. Hromatka, 2007 BCPC 484 (CanLII):

In dealing with fairness, I refer to the words of Madam Justice Smith in the A.G. of Canada v. James Demchuk, [2007] B.C.S.C. 326; that was a firearms reference case on appeal. At paragraph 42 she quotes from another case dealing with parliament's right to enact legislation without regard to procedural fairness or harm that legislation may cause to the individuals, and I quote: ... legislative decision making is not subject to any known duty of fairness. Legislatures are subject to constitutional requirements for valid law-making, but within their constitutional boundaries, they can do as they see fit. The wisdom and value of legislative decisions are subject only to review by the electorate. The judgment in Reference re Canada Assistance Plan . . . was conclusive on this point in stating that: "the rules governing procedural fairness do not apply to a body exercising purely legislative functions".

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