[Download] "Dunsmuir V. New Brunswick: The Perceived Choice Between Fairness and Flexibility in Public Service Employment." by University of New Brunswick Law Journal " eBook PDF Kindle ePub Free
eBook details
- Title: Dunsmuir V. New Brunswick: The Perceived Choice Between Fairness and Flexibility in Public Service Employment.
- Author : University of New Brunswick Law Journal
- Release Date : January 01, 2009
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 341 KB
Description
Dunsmuir v. New Brunswick has been described as a "watershed" in Canadian administrative law. (1) Very few law students and practitioners of the discipline are now unaware that the standard of "patent unreasonableness" has disappeared. The simplification of standards of review has caught the eye of many commentators, almost to the extent that it would seem that Dunsmuir would appear to deal exclusively with that issue. Nevertheless, their conclusion is that in relation to judicial deference, Dunsmuir has not really changed that much. (2) Whether Dunsmuir leads to less judicial deference because of the disappearance of "patent unreasonableness" or more because "patent unreasonableness" is now diluted into a larger doctrine of reasonableness falls into one of the great perennial inquiries of administrative law: what is reasonableness? While commentators have centered their discussions on the issue of standards of review, it is rather the less discussed aspect of the decision relating to the rights of non-unionized public servants to a hearing prior to dismissal that could have important implications for Canadian administrative law. Dunsmuir is important because it changes a fundamental rule--notably the right to a hearing prior to dismissal --that had been developing in Canadian administrative law, in parallel with other jurisdictions, over several decades. Until now, Canadian administrative law offered a pragmatic and nuanced answer to this problem through the doctrine of natural justice. However, in Dunsmuir, the Supreme Court ruled that civil servants, being mostly contractual employees, are subject to ordinary contract and not administrative law.