Intro to Law Chapter 9

a form of public law that while sharing many of the characteristics of constitutional, criminal and family law, is conceptually separate

The federal government may delegate its power to: a tribunal, board, commission or agency created by a provincial body.

found in the competing views of the duty to act fairly in the practice of government, an onus that the state has placed upon itself both with common law and, more recently and significantly, with the Canadian Charter of Rights and Freedoms (the Charter)

- the federal government cannot handle all of it
- allows greater flexibility in applying board statutory provisions
- allows for faster administrative response

The legal machinery that makes possible the construction of administrative law—the law relating to various boards, commissions, agencies, and tribunals

advisory
operational
regluaroy

the purely administrative tribunal

the quasi judicial tribunal

the fully legislative tribunal

The written or unwritten rules and procedures to be followed by any person charged with the duty of adjudication disputes

A duty to act fairly
To act in good faith
To act impartially and without bias

1. audi alteran partem 2. nemo sibi esse judex vel suis jus dicere debet

"hear the other side"
the rule requires that parties to a dispute have a fair hearing

no person should act as their own judge, on his own behalf or speak the law of his own (ends)

what allegations that an administrative agency has failed to follow principles of procedural fairness resemble

status, notice, disclosure, adjournments or stays, effective participation, public or private hearings, evidence, witnesses, proof, evidence by compulsion, orders and decisions, bias

Reconsidered, appeal or judicial review

Under legislation such as the statutory powers procedure act, some agencies are given the power to review or reconsider the decision made and to change it, if appropriate

a decision of an agency can be challenged is by application for judicial review - divisional court