Questions and Answers: Procedural Fairness

In Barreau du Québec c. Khan, 2011 QCCA 792, the Québec Court of Appeal held that a student who failed a bar exam was entitled to look over her exam, answer booklet, answer key and correction grid and to take notes while doing so.

With its decision in Ordre des infirmières et infirmiers du Québec c. Ngoya Tupemunyi, 2013 QCCA 134, the Court has gone even further. The issue was whether procedural fairness required the disclosure of an exam and answer key to allow the individual concerned to properly respond to the recommendations of disciplinary inquiry.

Human Rights Remedies and Administrative Bodies

Unlike many (perhaps most?) other countries, Canada allows administrative bodies to make non-binding interpretations of constitutional provisions and to grant remedies for human rights violations by state actors.