The respondent went on to address the requirements of procedural fairness in general terms. The respondent submitted that the requirements of procedural fairness are heavily dependent on the context, including the characteristics of the decision maker, the subject matter a tribunal considers, the function being performed, the statute in question, the particular facts of the case being decided, the expectations of the person challenging the decision, and the effect of the decision on an individual concerned (Knight v. Indian Head School Division No. 19, 1990 CanLII 138 (SCC), [1990] 1 S.C.R. 653). The respondent submitted that the decision at hand involves complete ministerial discretion; the Minister is not adjudicating. The respondent further submitted that the context, facts and circumstances of this case warrant a very low, minimal or marginal level of procedural fairness.
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