Reasons of The Court
Justice L'Heureux-Dubé, for the majority, allowed the appeal. On the issue of determining the content of the duty of fairness, she outlined several factors that should be taken into consideration:
- the nature of the decision being made and process followed in making it;
- the nature of the statutory scheme and the terms of the statute pursuant to which the body operates;
- the importance of the decision to the individual or individuals affected;
- the legitimate expectations of the person challenging the decision;
- the choices of procedure made by the agency itself.
L'Heureux-Dube also considered the domestic use of international law in Canada.
Read more about this topic: Baker V. Canada (Minister Of Citizenship And Immigration)
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