Welcome to our book review site go-pdf.online!
You may have to Search all our reviewed books and magazines, click the sign up button below to create a free account.
Delegated Legislation and the Duty to be Fair in Canada
The duty to be fair in Canada does not apply to the process of making delegated legislation. This is despite the fact that in their everyday lives, members of the public are almost certainly impacted more often by executive rules, regulations, and Orders in Council that by primary legislation. This paper argues that the current situation, stemming from the Supreme Court case of Inuit Tapirisat is unjustifiable and must be changed.Drawing on both Canadian and international material, this paper argues that insulating delegated legislation from the duty to be fair is inconsistent both with the principles underlying the duty and the doctrinal line followed in the rest of the Anglo-Commonwealth world. An enforceable consultation obligation would enhance the legitimacy and potentially the quality of Canadian delegated legislation. The paper also makes some suggestions as to the appropriate scope and form of such a duty.
