Administrative Law

Question 1

Decision Makers

Answer 1

• No Judges
• limited power via statutes
• May not have legal experience

Question 2

Tribunals are not court rooms

Answer 2

• Don’t use precedents
• May be more inquisitorial
• advance disclosure is rare
• Each tribunal has its own forms and process
• no consistent right to appeal

Question 3

When will courts review an administrative decision

Answer 3

• Statutory right to appeal
• Decision maker is outside of their statutory powers
• person affected has been denied procedural fairness

Question 4

Procedural fairness

Answer 4

1. Right to be heard
2. Right to an impartial decision maker

Question 5

Right to be heard

Answer 5

• Advance notice to a person who may be affected by a decision
• opportunity for a person affected to present their position
• Usually includes a chance to challenge a submission
• Often includes the right to be represented by a lawyer or agent

Question 6

Right to an impartial decision maker

Answer 6

• no apparent bias or conflict of interest
• decisions made in good faith
• written reasons normally provided

Question 7

Parole Board of Canada

Answer 7

• Statutory controls
• members are appointed
• Corrections and Conditional release Act - Parameters for decisions on early releases (risk level, ability to reintegrate)

Question 8

Parole Applications

Answer 8

• Most don’t qualify until after 1/3 of their sentence
• Judge sets warrant expiry date and parole eligibility date
• Inmates must have a confirmed plan and score high on SIR assessment
• Are entitled to a lawyer and the public can attend
• Can be rejected on paper alone, will be made aware of all reasons why
• Can appeal to Parole Board Appeal Division and then a federal court

Question 9

Risk Assessment in the Parole Process

Answer 9

SIR - statistical information on recidivism
- negative points for characteristics of reoffending
- positive points for low risk

Question 10

Applications for Record suspensions

Answer 10

• Under the criminal records act
• 5 years after sentence on summary, 10 on indictable, both require “good conduct”
• decisions based on paper, only in person if rejected, no right to repeal unless an error occurred in the process

Question 11

Ontario Human Rights Tribunal

Answer 11

• Governed by the human rights code
• Aimed at preventing discrimination and harassment
• Protections are not absolute
• has its own rules and forms

Question 12

Tribunal Decisions

Answer 12

• Written decisions are always provided
• can order infringing party to pay financial compensation, comply with code or alter future behaviors
• “a decision of the tribunal is final and not subject to appeal

Question 13

Ontario’s tribunal Victim Quick Response Program

Answer 13

• Only provides short term financial support for expenses
• Administered locally
• decisions based on document submissions
• compensations limited to $1000 (Ab 100k, PEI 30K)