The Right to Reasons in Administrative Law


  • H. L. Kushner



It 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.