Human Rights Act 1998 (HRA 1998) has numerous enemies. Some of them have formed a government which controls (or at least directs) a majority in the Commons. Though the government which enacted it did not intend the Act to be an innovation in constitutional law (Loveland 2018 521), the highest courts quickly recognised its constitutional importance. Indeed, a recognition of its (present) integral status is implied by the government’s promise to establish a ‘Constitution, Democracy and Rights Commission’ (Law Society 2019). While there is no denying the impact of the Act especially on the rights of individuals, its precarity suggests describing it as constitutional would be premature and even wistful.
Entering the political arena - Cherry/Miller and the indivisibility of the democratic model and the rule of lawWritten by Andrew Thomas
Procedural fairness is, or should be, a fundamental principle of administrative law, the law that regulates state (in Canada, provincial, territorial and federal) agencies. Procedural fairness requires, at a minimum, that a person be consulted before a final decision that will impact them is made.
Collected here are links to the current rules, practice directions and guidelines of the more important tribunals in Ontario. Links to tribunal decisions published on CanLII can be found here as well.