Knight v. Indian Head School Division No. 19
Encyclopedia
Knight v. Indian Head School Division No. 19, [1990] 1 S.C.R. 653 is a leading decision of the Supreme Court of Canada
on procedural fairness in Canadian administrative law
. The Court created a threshold test to determine whether an administrative process invoked a common law duty of fairness based on the nature of the decision, relationship between the parties, and the effect on the individual claimant.
1. Nature of the decision to be made by the administrative body:
(a)Administrative vs. Legislative use of power
(b) Final decision maker
2. Relationship existing between that body and the individual; and
3. Effect of that decision on the individual's rights (privileges / interests)
If all of these criteria are met then procedural fairness is triggered and the court will decide what procedures the applicant is due.
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
on procedural fairness in Canadian administrative law
Canadian administrative law
Canadian administrative law is the body of law that addresses the actions and operations of governments and governmental agencies. That is, the law concerns the manner in which courts can review the decisions of administrative decision-makers such as a board, tribunal, commission, agency or minister...
. The Court created a threshold test to determine whether an administrative process invoked a common law duty of fairness based on the nature of the decision, relationship between the parties, and the effect on the individual claimant.
Background
Ronald Gary Knight was dismissed as superintendent of a school board. His position was held at pleasure. His dismissal was not for personal reasons, but he claimed procedural fairness should apply and a hearing should have been held.3 Prong Test
In order for procedural fairness to apply at common-law, certain requirements must be met. According to L'HEUREUX-DUBÉ J. they are:1. Nature of the decision to be made by the administrative body:
(a)Administrative vs. Legislative use of power
- Administrative powers attract procedural fairness while legislative powers do not
(b) Final decision maker
- Preliminary or interlocutory decisions don’t envoke procedural fairness
2. Relationship existing between that body and the individual; and
- Exercise of power in pursuant to statute (or prerogative) (executive action)
3. Effect of that decision on the individual's rights (privileges / interests)
- Low threshold requiring only that applicant have an interest and that it be impacted
If all of these criteria are met then procedural fairness is triggered and the court will decide what procedures the applicant is due.
See also
- List of Supreme Court of Canada cases
- Canadian administrative lawCanadian administrative lawCanadian administrative law is the body of law that addresses the actions and operations of governments and governmental agencies. That is, the law concerns the manner in which courts can review the decisions of administrative decision-makers such as a board, tribunal, commission, agency or minister...
- Cardinal v. Director of Kent Institution (1986)