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Posts: 898
Oct 3 11 6:07 AM
[127] ... On the basis of the facts established at trial, which are consistent with the evidence available to the Minister at the relevant time, I conclude that the Minister’s refusal to grant Insite a s. 56 exemption was arbitrary and grossly disproportionate in its effects, and hence not in accordance with the principles of fundamental justice. [128] As noted above, the Minister, when exercising his discretion under s. 56, must respect the rights guaranteed by the Charter. This means that, where s. 7 rights are at stake, any limitations imposed by ministerial decision must be in accordance with the principles of fundamental justice. The Minister cannot simply deny an application for a s. 56 exemption on the basis of policy simpliciter; insofar as it affects Charter rights, his decision must accord with the principles of fundamental justice.
[128] As noted above, the Minister, when exercising his discretion under s. 56, must respect the rights guaranteed by the Charter. This means that, where s. 7 rights are at stake, any limitations imposed by ministerial decision must be in accordance with the principles of fundamental justice. The Minister cannot simply deny an application for a s. 56 exemption on the basis of policy simpliciter; insofar as it affects Charter rights, his decision must accord with the principles of fundamental justice.
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