ADMJ 103 Lecture Notes - Lecture 17: Policy Review, Terceira Island, National Energy Board
Document Summary
Post-hearing issues the duty to give reasons: There is often statutory requirements to give reasons. 1999 baker duty to give reasons is triggered by interest at stake; statutory right to appeal may trigger entitlement to reasons (because if you don"t give reasons, how will a person appeal?) Mavi on the duty to give reasons . The content of the duty to give reasons: give reasons. Giving no reasons will not satisfy the common law or statutory standard to. Reviewing courts, parliament, legislatures, lawyers, precedents (even though other tribunals/courts are not binding) Post dunsmuir (2008): is the adequacy of reasons an assessment . Newfoundland nurses (2011, scc): a wholesale failure to provide reasons will constitute a breach of the duty of fairness. However, the court does not concern itself with adequacy or sufficiency in determining whether the duty has been met.
