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Branches of Canadian Govt: Legislative/ Parliament, Judicial, executive. Three levels of legislative powers of the Govt : Federal, Provincial , Municipal Alternative to Governments: ABC:

  • 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

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