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− | ===<span class="checkbox" aria-hidden="true">✔</span>About Administrative Law=== | + | ===<span class="checkbox" aria-hidden="true">✔</span>About Administrative Tribunals=== |
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− | <p>Our colleagues Hugues Lafrance-Rodrigue and Shirley Pelizer have prepared the following presentation to help us understand more about administrative law: [[Media:INTRO_TO_ADMINISTRATIVE_LAW.pdf]].</p></div></div> | + | <p>'''Administrative tribunals:'''</p> |
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| + | * Were created to provide justice between citizens and the government. |
| + | * Also recognized as “Expert Tribunals”, they supply expertise and knowledge in a specific area of law. |
| + | * Get their powers from a statute, allowing decision-makers to decide only on those matters over which their tribunal has jurisdiction under the statute. |
| + | * Allow for matters to be heard and decisions to be made more quickly and efficiently. |
| + | * Alleviate workload and free up time for the courts (which are more costly to operate). |
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| + | '''Natural justice and procedural fairness are procedures that administrative tribunal decision-makers must follow to act fairly; these include:''' |
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| + | * Notice: The applicant must be given adequate notice of the nature of the proceedings and of the issue to be decided. |
| + | * Disclosure: Depending on the nature of the case, all evidence to be used against an applicant must be disclosed. |
| + | * Opportunity to present one’s case and to respond: The applicant must be provided with an opportunity to present whatever evidence they wish to be considered. While the right to be heard generally implies a hearing, it does not always mean an oral hearing. Submissions can be made in writing. |
| + | * Right to an impartial decision maker and freedom of bias |
| + | * Institutional independence and the person who hears the case must decide |
| + | * Duty to consider all the evidence |
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| + | Consult the [https://www.thecanadianencyclopedia.ca/en/article/administrative-tribunals# Canadian Encyclopedia] for additional information on administrative tribunals. |
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