Judicial Review Of Privacy Commissioner Findings – Toronto Tax Lawyer Comment

Daley v. Canada (Attorney General) - 2016 FC 1154 - Judicial Review of Privacy Commissioner Findings - Toronto Tax Lawyer Case Comment

Part II: Procedural Fairness Issue

The facts of the case and the issues before the Federal Court are discussed in detail by our experienced Toronto Tax Lawyers in Part I of this case comment. Part II will delve deeper into the reasons behind the Court's finding in Ms. Daley's favour.

Procedural Fairness

Procedural fairness complaints concern how the decision making body arrived at their decision while "substance" refers to what the decision actually was. To make a complaint you must be entitled to procedural fairness in the first place.

Judge made law is referred to as "common law" while legislation is referred to as "statute." In Canada common law can be overwritten by statute unless the statute is declared unconstitutional by courts. Under Canadian common law the duty of (procedural) fairness applies to decisions of public authorities that affect an individual's rights, privileges, or interests. The common law provides a presumption for procedural fairness.

To summarize, individuals affected by the decisions of public...