Procedural Fairness

Procedural fairness is a foundational concept in Canadian administrative law and underpins the operation of the CAF administrative system. Despite its importance, it is often not well understood by members, particularly those encountering administrative action for the first time.

In general terms, procedural fairness means that when a decision-maker takes an action that affects a member’s rights, interests, or career, the process leading to that decision must be fair. This principle is well established in administrative law and has been repeatedly acknowledged in guidance relevant to the Canadian Armed Forces, including material published by the CAF Ombudsman.

While the exact requirements of procedural fairness can vary depending on the context, they commonly include the following elements (source: CAF Ombudsman - click here)

An unbiased decision-maker

The person making the decision must be impartial and free from bias or a reasonable apprehension of bias.

Notice and disclosure

The member must be informed of the decision being considered and provided with the information and material relied upon in making that decision. This includes references where applicable. There is no harm in requesting references for decisions that you are affected by, this also forces the decision maker to ground their decision in policy. (References not preferences!)

The right to be heard

The member must be given a meaningful opportunity to respond, provide information, and present their perspective before the decision is made.

Timeliness

Administrative processes should proceed without unreasonable delay. Delays must not be so lengthy that they impair the member’s ability to respond, gather evidence, or meaningfully participate in the process.

Reasons

Decision-makers should provide reasons or explanations that show how and why the decision was reached.

These elements do not apply identically in every situation. Procedural fairness is context-dependent, and its requirements vary based on the nature of the decision. As a general principle, the more significant the impact of a decision on a member, the higher the degree of procedural fairness that is owed.

If you believe that procedural fairness was not respected in a decision that affected you, you have the right to raise that concern through the CAF grievance process.