administrative law

chantal Seguin
Flashcards by chantal Seguin, updated more than 1 year ago
chantal Seguin
Created by chantal Seguin almost 5 years ago
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Admin law exam prep
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Question Answer
What limits Government, Tribunals, and courts power? Rule of law
Another name for laws enacted in northern territories is : Ordinances
Difference between tribunal members and judges tribunal members have no security of Tenure
What section of the charter guarantees the freedoms of expression, religion, peaceful assembly, and association? Sec 2 Fundamental Freedoms
What charter provisions provides remedies for violations of the ights and freedoms? Sections 24 & 52(1)
What is the most frequent complain recieved by human rights tribunals Discrimination and harassment in employment
A quasi judicial tribunal has the right to: ? be heard (application procedure)
What are the 6 fundamental principals of Admin Law? 1. decision makers must stay within jurisdiction 2. admin must exercise judgements in a reasonable manner 3. follow fair procedures when it effects someones right or interest 4. cannot delegate decision to another person 5. regulations and by-laws must be consistant 6. failure to follow admin law rules may result in judicial review
what must be included in adequate notice of hearing? explaination of what, when and where (so they have time to prepare)
What will increase the appearance of independancy of an agency? Members salaries are fixed
Ex Parte means? On one side only
What are the 2 options for challenging a decision of a tribunal before a court? Judicial review or an appeal
all law making is governed by _______? the constitution
When does procedural fairness require a tribunal to give reasons for thier decisions? When the outcome will effect the rights of an individual
What is public law? Between a person and government (ex. Criminal court)
What is Private Law? Between 2 persons (Ex. Family Law)
What is common law? Common-law is case law, based on precedents, Prior cases taken into consideration when making a decision. (ex. Baker vs Canada, where common-law principal requires written reasons for a decision)
What is Statute law? government made law
What is Bias? When a member or judge favors one outcome more than another
What is conflict of interest? When one party stands to gain on the outcome of a case (ex. Share holder)
What is actual Bias? When a decision maker does not have an open mind (ex. Personal Relationship)
What is reasonable apprehension of bias? The appearance or feeling of bias of the adjudicator / judge
What is individual bias? Individual bias is a persistent point of view or limited list of such points of view that one applies
What is institutional Bias? certain social groups being advantaged or favoured and others being disadvantaged or devalued
List the 3 levels of government and thier functions Federal - Section 91 Provincial - Section 92 Municipal
What is Substantive law? The body of rules that determine the rights and obligations of individuals and collective bodies
What are procedural rules? (SPPA - statutory powers procedures act) Legal rules that govern the process for determining the rights of the parties
What is Rule of law? All courts, tribunals, and boards must follow the laws and procedures that allow for its governance
Why have an agency? 1. To demonstrate independance 2. Reduce size and work load 3. Reduce conflict of interest 4. expertise and specialization 5. reduce labour costs 6. flexability in human resources
What is Adversarial? The parties determine what evidence is presented to the tribunal
what is inquisitorial? Tribunal conducts the investigation and presents the evidence
What is administrative law? it is the body of rules and principals that regulate how the government and agencies that administer and enforce our laws must behave when doing so
what is procedural fairness? a person affected by the decision has the right to be given reasons for its decision and a right to be heard or an oppertunity to respond
What is the difference between a court and a tribunal? Court Formal Bound by Precedence Strict rules (evidence) Full Disclosure Tribunal Less Formal Not Bound Not strict disclose only whats necessary
What is Judicial Review? A court that has authority over ministries and tribunals to review whether they have carried out their functions in accordance with the principals of admin law
Define Harassment Vexatious comments or conduct directed at another person
Define Discrimination To treat a person rudely or unjust due to race, religion, sex, sexual orientation, heritage.... etc.
what is a Remedy? a measure that can be taken to prevent, redress, punish, or compensate for a wrong, or to relieve, cure or correct a condition.
What is Reprisal? A reprisal is an adverse effect on an employee after filing a complaint. (being punished for the complaint) (ex. Bad shift hours or little to no hours)
What are the rules of evidence? Evidence must be : 1. Relevant 2. Reliable 3. Necessary 4. Fair
Why is it important to raise allegations of bias as soon as possible? To save time and money so that the tribunal may allow for another member to step in. If you choose not to speak up then you have "Waived your right". Also you must address this matter in private so as not to embarras the tribunal or its member.
How can a government infringe on sec. 7 of the charter? the action must violate principals of fundamental justice and the action must threaten life, liberty, or security of the person affected by the action
what is section 2 of the charter? Fundamental Freedoms
what is section 15 of the charter? Equality rights
what is section 7 of the charter? legal rights
what is section 11 of the charter? proceedings in criminal and penal matters
what is section 24 of the charter? enforcement of guarenteed rights and freedoms
what is section 52 of the charter? Primacy of the constitution of canada
what is section 12 of the charter? treatment or punishment
what is section 8 of the charter? Search or seizure
What can be accessed under the freedom of information and privacy act? legislation from government agencies, municipalities, and in some cases from hospitals and universities ( no documents given can include personal information)
list components of the right to be heard the right to notice the right to be present the right to be represented the right to present evidence the right to cross examine the right to an un-biased adjudicator the right to reason
Eplain components of impartiality x
"The best defence is a good offence" why? A good offence means coming prepared
what is a statute law? government made law (passed by provincial and federal parliament)
How is a tribunal governed? Governed by its enabling statutes
what makes a tribunal Quasi-judicial they are to be effective, efficient, and fair as they may grant or deny rights, access, or privilages
Components of impartiality -will not have prejudged the issue or predisposition in favor of one side -the tribunal its self must be reasonably independant of any government agency.
what is the limit to present Evidence in the case of an electronic or written hearing, evidence may not be submitted if there has not been a chance to review, or because it is irrelevant or unreliable.
factors a court will consider when selecting agency members - security of tenure -financial security -control of their agencies
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