Fundamental justice
|
|
Fundamental justice is a term in Canadian administrative law that signifies those basic procedural rights that are afforded anyone or anybody facing an adjudicative process or procedure that effects fundamental rights. Used often in the area of Canadian administrative law with the analysis of a decision being patently unreasonable or otherwise being protected from judicial review. Compare: due process, natural justice, Wednesbury unreasonableness.
Since the 1985 Supreme Court of Canada decision in Re B.C. Motor Vehicle Act, the meaning of the words fundamental justice used at Section 7 of the Canadian Charter of Rights and Freedoms (thus in a constitutional law context) has been greatly expanded and encompasses much more than mere procedural rights.
External links
- Complete Decision - Re B.C. Motor Vehicle Act (http://www.canlii.org/ca/cas/scc/1985/1985scc72.html)
- Ombudsman of Ontario Fairness Standards (http://www.ijs.co.nz/fairness-standards.htm)