Tribunals and Administrative Agencies Quiz

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Questions and Answers

Which of the following is NOT a similarity among all parties in Tribunal proceedings?

All parties have the right to receive clear decisions.

All parties can cross-examine witnesses.

All parties must follow established case law. (correct)

All parties must provide their final submissions.

What is a substantive difference between courts and tribunals?

Both courts and tribunals accept all types of evidence.

Courts must follow previous decisions. (correct)

Tribunals require a more formal process.

Tribunals follow a stricter adversarial process.

Which aspect is a similarity between tribunal members and judges regarding their duties?

Both are required to follow strict procedural rules.

Both must render impartial decisions. (correct)

Both can be influenced by political parties.

Both have the same scope of decision-making powers.

In tribunal settings, which of the following is generally NOT applicable?

Tribunals accept previous judgments without question. Signup and view all the answers

What style difference is commonly observed between courts and tribunals?

Seating arrangements are less formal in tribunals. Signup and view all the answers

What was the first administrative agency established in Canada?

Board of Railway Commissioners Signup and view all the answers

Which category of agency primarily advises ministries but does not implement programs?

Advisory Agencies Signup and view all the answers

Which type of agency involves making independent decisions to regulate conduct and practices?

Regulatory Agencies Signup and view all the answers

What is the main function of Adjudicative Agencies or Tribunals?

To make independent decisions resolving disputes Signup and view all the answers

What prompted the proliferation of special purpose agencies in Canada?

Increased societal complexity and diversity Signup and view all the answers

What is the primary reason for involving the general public and interest groups in decision-making processes?

To ensure representation of diverse perspectives Signup and view all the answers

Why is it suggested to avoid permanence in administrative changes?

Issues often evolve and require adaptive solutions Signup and view all the answers

What does decreased labor costs in delegating to administrative agencies imply?

Highly skilled individuals may accept lower pay due to perceived honor Signup and view all the answers

In what situation is it particularly important to demonstrate impartiality in the decision-making process?

When a government official's decisions are questioned Signup and view all the answers

What is a key reason for governments to allow citizen participation in the decision-making process?

To improve transparency and community trust Signup and view all the answers

Why might a government choose to distance itself from unpopular decisions?

To shift responsibility away from elected officials Signup and view all the answers

What message is sent to the community by involving agencies in decision-making?

The government values the perspectives of its citizens Signup and view all the answers

Which of the following is an advantage of using tribunals compared to courts?

Tribunals handle cases more efficiently and cost-effectively Signup and view all the answers

What is the primary purpose of an investigation in a disciplinary proceeding?

To issue recommendations on potential further actions Signup and view all the answers

Which principle states that no one can be a judge in their own case?

Nemo judex in sua causa debet esse Signup and view all the answers

What must be provided to a member when launching a disciplinary proceeding?

Notice of change and opportunity to respond Signup and view all the answers

Why is the separation of functions important in a disciplinary agency?

To prevent bias and ensure fairness Signup and view all the answers

What is a necessary condition for an adjudicator in a disciplinary proceeding?

To maintain independence from the prosecutor Signup and view all the answers

What could happen if the separation of functions is not maintained?

The process may be invalidated Signup and view all the answers

What does 'Audi alteram partem' emphasize?

The right to know the case against oneself Signup and view all the answers

How should investigators, prosecutors, and adjudicators obtain legal advice?

From different sources to prevent conflicts of interest Signup and view all the answers

What is one of the powers that an agency may have to carry out its statutory powers?

Deciding disputes Signup and view all the answers

In an adversarial system, how would you describe the role of an adjudicator in a tribunal?

To act impartially as a referee Signup and view all the answers

What ensures fairness and impartiality in the agency's operations?

The agency is divided into separate bodies Signup and view all the answers

How do judges differ from adjudicators in tribunal systems?

Judges may have a more involved role in hearings Signup and view all the answers

What is a key characteristic of the adversarial system of adjudication?

Both parties present evidence and argue their case Signup and view all the answers

What is the primary intention of an agency's mandate?

To perform related tasks such as investigating and regulating Signup and view all the answers

In alternative dispute resolution (ADR), how does the role of the facilitator differ from that of a judge?

The facilitator seeks to help parties settle without needing to dictate decisions Signup and view all the answers

What typically happens when an adjudicator in a tribunal takes an active role?

They seek additional information beyond what parties provide Signup and view all the answers

What is one of the cornerstones of the Executive Branch?

Accountability of ministers to the public as members of the legislature Signup and view all the answers

How do administrative agencies, boards, and commissions differ from traditional departments?

They operate at arm's length from ministers and department staff Signup and view all the answers

What is the primary purpose of the legislation governing civil service operations?

To establish hiring practices based on ability and expertise rather than political connections Signup and view all the answers

What characterizes the concept of “responsible government”?

Ministers are accountable both to the executive branch and the elected legislature Signup and view all the answers

What is one function of the independent commissions established for civil servants?

To control the hiring and firing process of civil servants independent of political influence Signup and view all the answers

Why were special purpose agencies developed within the administrative framework?

To carry out civil service functions with greater flexibility and efficiency Signup and view all the answers

What role do civil servants play in relation to their ministers?

They are protected from political pressures and report to a deputy minister Signup and view all the answers

What is the significance of the '4th branch of government' concept?

It highlights the growing influence of administrative agencies in governance Signup and view all the answers

Study Notes

Administrative Law - Fall 2024

Administrative law is part of domestic public law
It provides legal limitations on governmental officials
It sets out remedies for those dealing with transgressors
Administrative law establishes rules for the lawmakers
It concerns the lawful authority of officials to act, potential illegality and actionable wrongs

Natural Justice

Duty of fairness + duty to be fair + procedural fairness = all synonyms
Contains historical context relevant to delegation function
Two central tenets:
- Audi Alteram Partem: (hear both sides) a person must know the case against them and have opportunity to respond
- Nemo Judex In Sua Causa Debet Esse: (rule against bias) impartial decision-makers base decisions only on relevant evidence presented
Rules of National Justice consider all aspects of notice, discussion, case against, and opportunity to answer.

Administrative Agencies

Government bodies (federal, provincial, territorial) established by statutes to administer specific statutory regimes
Governing/enabling legislation defines agency's authority
Agencies cannot act outside their statutory authority (e.g., landlord-tenant board cannot decide human rights issues)
Constitutional Act, 1867, divides powers by Section 91 (Federal) and 92 (Provincial) regarding agency creation. Federal agencies deal with federal/national and territorial issues; Provincial agencies deal with provincial/local issues.

Three Branches of Government

Legislative & judicial branches have remained relatively unchanged.
Executive branch structure has changed considerably, with Cabinet as the key decision-making body.
Departments (headed by ministers) have main authority over portfolios and still exercise power
Administrative agencies (boards & commissions) now handle many functions that were previously carried out by departments.
These are often seen as a "4th branch" of government

Traditional Role and Structure of Executive Branch (EB)

Two key elements:
- Accountability of ministers (publicly to legislature).
- Insulation of civil servants from political influence.
EB structured with a central department (ministries) each headed by a cabinet minister (federal or provincial) responsible to the legislature for policies and implementation. "Responsible government" means ministers are accountable to the legislature and public for their department's actions.

Civil Servants

Civil servants carry out department work and are largely insulated from political pressure via mechanisms (e.g., reporting to another civil servant, independent hiring/firing commissions).
Independent commissions govern civil servant hiring, remuneration, promotion, dismissal, and practices in accordance to legislation.
Civil service system prioritizes competence and expertise over political connections.
Tenure security allows civil servants to speak truth to power.

Development of Administrative Agencies

Increased demands on government, with societal changes in diversity and complexity, led to administrative agencies.
Simple structures became more complex to respond to social, economic, and technological developments.
Big world events(WWI, WWII, etc.) required governments to have increased involvement in regulating the economy and influencing social/cultural issues.

First Administrative Agencies in Canada

Canada (1851): Board of Railway Commissioners.
British Columbia (1921): Workman's compensation board (BC first administrative agency.)
Growth of Canadian society, complexity, and diversity, alongside technological advances, spurred development of special-purpose agencies to address emerging problems.

10 Categories of Ontario Agencies

Advisory Agencies: provide advice for program development (no decision making).
Operational Service Agencies: deliver goods/services to the public (often at low cost).
Operational Enterprises: provide goods/services commercially – can compete with private sector or have monopoly.
Regulatory Agencies: make independent decisions regarding conduct, practice, obligations, rights, and responses for individuals, businesses, or corporations.
Adjudicative Agencies (Tribunals): similar to courts, resolving disputes over rights, obligations, etc.
Crown Foundations: solicit, manage, distribute donations to public organizations.
Trust Agencies: manage funds and assets for beneficiaries.
Non-Scheduled Agencies: watchdog bodies, ombudsmans, etc.
Royal Commissions/Inquiries: investigate specific issues and make recommendations.

Reasons for Governmental Creation of Administrative Bodies

Demonstrate independence: Decisions are seen as separate from political influence.
Decrease size/workload/budget: Outside agency can manage functions and reduce department burden.
Decrease conflicts of interest: Agency responsibilities can reduce conflict risks in departments.
Flexibility in HR: Employment practices, salaries, benefits, tenure, and other requirements, are more flexible for independent bodies.
Provide expertise: Agencies can hire specialists with needed expertise in particular subject matters.

Why Governments Delegate to Administrative Agencies

Review: Mechanism for reviewing decisions made by government decision-makers, with appeal option to Tribunal. Resolves disputes between two or more individuals/groups (not only government).
Resolving issues: resolving disputes between individuals/groups, decisions that significantly affect persons/society (informal process).
Consequences: Decisions that have impact on a person/society require more formal approach (often handled by Tribunals, rather than informal decision-makers).

Advantages of Tribunals over Courts

Peers/Expertise: Members can be peers/experts in the specific subject area.
Interest Groups: Representation for interest groups.
Structure Advantages: Often more informal, more accessible, flexible processes, and quicker procedures, with less formal requirements that may not require lawyers.

Similarities Between Tribunals and Courts

Limits to informality: Tribunals are not entirely informal, statutes set rules for procedure
Fairness: Follow rules regarding fairness, which involves aspects like notice, disclosure, evidence presentation, witness questioning, etc.
Common Judicial Principles: similar principles guiding the processes of tribunals and courts, (e.g., a neutral decision-maker).

Substantive and Style Differences Between Courts and Tribunals

Substantive Differences: Requirements to follow previous decisions, acceptable evidence, disclosure, roles of staff and parties, and requirement to follow adversarial process.
Style Differences: Identification of decision-makers, seating, ceremonial trappings, swearing oaths.

Similarities and Differences Between Tribunal Members and Judges

Similarities: impartiality, responsibility/scope of decision making powers.
Differences: Tribunal members are potentially subject to appointment/dismissal at any time by the government, and tribunal members have more flexibility in activities/associations compared to judges.

Administrative Agencies (A,B,Cs)

Traditional methods challenged, with concern about balance of accountability and independence
Separate heads & members from legislative assemblies, civil service.
Civil servants not always subject to the same accountability mechanisms, thus reducing political influence.
Patronage process reform.
Traditional function carried out by different agencies.

Multipurpose Agencies

Organizations with several overlapping functions, guided by rules to ensure fairness during all functions.
These bodies deal with distinct areas such as law (e.g., regulatory bodies) dealing with professional conduct/investigations.

Procedural Fairness Measures

Legislative functions, setting behaviour standards.
Investigation or inquiry procedures
Considerations for a fair outcome

Two Key Requirements for Fairness

Separation of agency functions (investigators, prosecutors, and adjudicators are distinct individuals) necessary when an agency is tasked with multiple functions.
Ensure fairness by having unbiased, impartial decision-makers who are independent and neutral.

No Delegation of Authority

Adjudicators cannot delegate decision making to prosecutors or other individuals.

How to Do This (Administrative Agency Structure)

Internal structure & barriers are put in place to moderate/minimize negative impact of conflicting functions.
Stages are implemented to facilitate investigations, including mediation and hearing.
Separation of functions from each other is critical to ensure fairness and impartiality of decision-making.

Administrative Tribunals in ABC

Agencies required by statute/common law to follow procedures similar to court processes.
They make decisions in special areas, between individuals/companies, and government (e.g., rights/entitlements.)
Usually a more formal court-like process is used.

Continuum of Decision Making

Range from informal, closed-door processes to more formal, adversarial processes (e.g., in a court-like environment).

Quasi-Judicial Tribunals

Tribunals hear disputes between parties in disputes with government officials.
Tribunals generally follow a more formal process.

Tribunal Decisions

Tribunals often uphold rights, benefits, or privileges, enforcing rules to ensure fairness (rules discussed in related chapters).
Often follow two principles of natural justice.

Place of Tribunals in Government Structure

Tribunals are part of the executive branch but perform judicial-like functions (making decisions about rights, money etc.).
The legitimacy of Tribunals are not questioned due to their integral role in government systems.

Independent Parties (VS. TOO/NOT INDEPENDENT)

Tribunals may be considered not sensitive enough to government policy, or too bureaucratic
Some fear that political appointment of tribunal members might make them too subject to political interference or less independent from the body appointing them leading to unfair hearing.

Source and Scope of Agency Powers

Tribunals function under enabling legislation & statutes from the relevant jurisdiction, that define their purposes and duties.
Supplemented by common law, which sets the requirements for procedural fairness.
Additional powers are allowed if needed.

Agencies Continued

Agencies may be mandated to perform multiple functions (e.g., investigating, regulating, or setting policy)
Agencies are divided into sections/separate bodies; each performs a specific function. This is done to ensure impartiality.

Adjudication (as applied to Tribunals)

Decision making process involves considering evidence and arguments, and applying relevant law.
In adversarial systems, adjudicators typically act passively, but can be more active in collecting/evaluating evidence.
Tribunals may not have an adversarial system, however they use a separate procedure(inquisitorial).
This system involves the tribunal actively pursuing the needed evidence, similar to investigations.

Adversarial v. Inquisitorial Systems

Adversarial systems require opposing parties present evidence.
Inquisitorial systems include active participation by the tribunal in seeking evidence.
Ontario tribunals use an adversarial system based on statutes.
Assumes that parties have equal access to resources & information, and there is no significant power imbalance.

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Test your knowledge on the similarities and differences between tribunal proceedings and courts. Explore the roles of various administrative agencies in Canada and their functions. This quiz will challenge your understanding of the regulatory framework and decision-making processes involved in these settings.