The Right to Reasons in Administrative Law
AbstractIt is generally accepted that there is no common law right to reasons in administrative law. The author reviews the law to determine whether such a right exists and whether it has been changed by the enactment of the Charter of Rights. He questions whether a statutory obligation to give reasons should be enacted. Finally, he looks at the effect of failing to comply with such a requirement. He concludes that although the rules of natural justice and the enactment of s. 7 of the Charter of Rights would support a right to reasons, the courts are reluctant to impose such an obligation on the administrative decision-makers. He feels that the legislatures should require reasons. An administrative decision should be ineffective without reasons if such a requirement were imposed either by the courts or the legislatures.
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