Reference Re Canada Assistance Plan (B.C.) - Procedural Fairness

Procedural Fairness

It was argued by the Province that the Federal Government created a legitimate expectation by the language in the statute. The province alleged that an amendment required Provincial consent before a change was made to the statute. Justice Sopinka held that requiring the consent of the Province before allowing Parliament to amend the statute would produce a substantive outcome. The doctrine of legitimate expectations can only operate to provide procedural remedies.

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    These men ask for just the same thing—fairness, and fairness only. This, so far as in my power, they, and all others, shall have.
    Abraham Lincoln (1809–1865)