Flashcards
Tribunals Practice and procedures
Flashcards do conjunto (14)
- 1What is the relationship between admin law and the charter?The Oakes Test
a legal test created by Supreme court of Canada to test when a law violates rights found in the charter, and to decide if the law may nonetheless stand. the test interprets section 1, which states the gov may limit rights if justified. - 2What are the components of Natural Justice?a body of rules and set of principles of fair procedure that tribunals must follow.
- duty to notify
-impartial decision maker - 3what are the 3 key principles of fairness?1. the right to be heard
2. ruling must be made by an unbiased adjudicator
3. must be based on evidence and decision must be clear - 4what is rule #4?RULE 4: Advocacy —
duty to clients,
tribunals and others,
disclosure of documents,
interviewing witnesses,
communication with witnesses
giving testimony - 5what is guideline #12?The paralegal has a duty to represent his or her client diligently and fearlessly. Generally,
the paralegal has no obligation to assist an opposing party, or to advance matters harmful
to the client’s case. - 6how do decision makers make their decisions at the end?decisions must be made in a timely and appropriate documented manner
- must not be biased
-impartial and free - 7what is the question of fact?A question a judge or jury has to answer with the facts and evidence provided
- 8what is the question of law?a question about what law applies, or how to apply or interpret it
- 9what is policy?The basic principles by which a government is guided
- 10members who heard the case, must .......DECIDE IT
- 11other members may ..... the member in writing the .....Assist ....... Decision
- 12other members may .... on voluntary basis to other membersAdvise
- 13what is reverse onus?when the duty to prove innocence is reversed (such as in criminal narcotics cases)
- 14what are provincial offenses?minor (non-criminal) offenses
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- tribunals practice and procedures class
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- chantal Seguin
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