scope to what counts for procedural fairness and depending on
the administrative tribunal and its enabling legislation, a degree
of deference is accorded the tribunal in determining the scope of
procedural fairness but the tribunal must meet the standard of
correctness in its application of procedural fairness.15
 In determining the scope of procedural fairness, the following non-exhaustive set of factors are relevant:16 (a) the nature of
the statutory scheme and the terms of the statute pursuant to
which the tribunal operates; (b) the nature of the decision being
made; (c) the importance of the decision to the person affected;
(d) the legitimate expectations of the person affected by the decision; (e) the choice of procedure available to the tribunal; and
(f) process followed by the tribunal to make the decision.
 In the immediate case, neither R.C. nor amicus curiae
made submissions about the reasonableness of the Board’s decision or about whether the Board decided any questions of law.
The issue on the appeal was the matter of procedural fairness.
 I conclude that the standard of review for the immediate
review is the correctness standard.
G. Representation, Incapable Persons and the Practice and Procedure of the Consent and Capacity Board
 The crux of this appeal are the related matters of the representation of a person who is or may be incapable with respect to
treatment, that person’s right to represent himself or herself at
a hearing of the Board, the Board’s responsibility to ensure that
a hearing is procedurally fair and the appointment of amicus curiae.
 The Consent and Capacity Board is subject to the Statutory
Powers Procedure Act,17 of which the following provisions are relevant to the immediate case:
Right to representation
10. A party to a proceeding may be represented by a representative.
Examination of witnesses
10.1; A party to a proceeding may, at an oral or electronic hearing,
15 Rogers Communications Partnership v. Ontario (Energy Board), supra, at
para. 18; Sound v. Fitness Industry Council of Canada, supra, at para. 42;
V. (W.) v. Strike, supra, at paras. 19-26.
16 Baker v. Canada (Minister of Citizenship and Immigration),  2 S.C.R.
817,  S.C.J. No. 39, at paras. 23-27; V. (W.) v. Strike, supra, at paras.
17 R.S.O. 1990, c. S.22.