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Authorson v. Canada (Attorney General), 2003 SCC 39, [2003] 2 SCR 40 (Link)

Facts:

A group of disabled veterans sued the federal government for payment of interest on monies held and managed by the government on behalf of the veterans. The government passed legislation that nullified any claims. The veterans sued under the Canadian Bill of Rights, arguing that a person is ensured due process in the expropriation of their property.

Issue(s):

Do due process protections apply to the legislative process?

Ratio:

Due process protections do not apply to the legislative process.

Analysis:

There is no right to fair treatment in this case; the safety net is the ballot box. Due process protections cannot interfere with the right of the legislative branch to determine its own procedure. For the Bill of Rights to confer such a power would effectively amend the constitution.

Holding:

Decision in favour of Canada (Attorney General).


Discussion

  1. above the law 4

    Perfect, thank you. Tough law to swallow.

  2. reasonable p 7

    division of powers!

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