Deference on Questions of Procedural Fairness

Historically, judges have developed and enforced the rules of procedural fairness. Little or no deference is owed to procedural choices made by administrative decision-makers.

In an important new decision, however, Bich J.A. of the Québec Court of Appeal has challenged the prevailing orthodoxy. Bich J.A. taught law at my institution, the Université de Montréal, before her appointment to the bench and is a recognized authority on labour law and administrative law. She has been mooted as a possible appointee to the Supreme Court of Canada. Which is to say, her judgment in Syndicat des travailleuses et travailleurs de ADF - CSN c. Syndicat des employés de Au Dragon forgé inc., 2013 QCCA 793 demands careful attention from administrative lawyers across Canada and, indeed, beyond.