FIRA AND THE RULE OF LAW

Authors

  • E JAMES ARNETT
  • ROBERT RUETER
  • ERROL P MENDES

Abstract

The Foreign Investment Review Act has been a source of controversy since its enactment in 1973. Much of the controversy has to do with the way it has been administered. This article reviews certain problems with the Act's administration and concludes that the application of developing administrative law principles would force the Federal Government to modify or eliminate many of the key policies which are the cause of complaint. In particular, the article explores the relevance of the duty of fairness as it has emerged from recent decisions of the Supreme Court of Canada.

Keywords:

Commercial Law

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Published

1984-06-01

Issue

Section

Legal Commentary

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