• Branches of Canadian Govt: Legislative/ Parliament, Judicial, executive.
• Three levels of legislative powers of the Govt: Federal, Provincial , Municipal
• Alternative to Governments:ABC: Agency, board, commission. a.k.a (Arms of executive branch).
• Multiple Functions of agency
• Functions of Boards/ Tribunals, Commission/ agencies
• Administrative Law: 3 components: 1) principle of law govern. Admin. Law; 2) By laws, rules and regulations 3) Legal Remedies
• Statute; by laws; regulations; common law / stare decisis/ case law
• Judges vs. Tribunal members
• Adversarial vs. Inquisitorial
• . Agencies derive the power from the statute that creates it..e.g Immigration and Refugee Board drives powers from Immigration and refugee Act.
• Tribunal/ agency Quasi -judicial Tribunal
• Six Fundamental Principles of Administrative Law
• Sub delegations - may only by enabling legislation
• Rule of Natural Justice
• Component of Procedural Fairness
• Procedural Fairness: 5 Pillars of Procedural Fairness .The main to pillars The Right to be heard, the right to unbiased decision maker. The Baker Case
• Bias: Personal bias vs. institutional bias, actual bias, indirect bias, apprehension of bias
• Exparte hearing and decision
• Procedure Guideline: Ontario Statutory Power and Procedure, Alberta Procedure and Jurisdiction Act, Quebec Administration Justice Act, British Columbia Administrative Tribunals Act
• Three reasons for creation of Agencies/ Tribunals/ Board: independence, reduce work load, expertise, costs effective and expedite.
• Tribunal vs. Courts
• ADR: Alternative Dispute Resolution: Negotiation, Arbitration, Mediation