administrative law Flashcards
1
Q
administrative law
A
- the relationship between government and society
- mitigate the power imbalance (make the relationship fair, remedy when government affects lives)
2
Q
premise of admin law
A
- state gets power to affect your life from statutes and is subject to these states and common law
- state is legally accountable for the exercise of power over you (rule of law)
- legally accountable = realm of admin law (rol)
- legally accountble = realm of admin law
3
Q
administrative decision makers
A
- if gov decision maker comes from statute
- cabinet ministers, civil servants, tribunals, regulatory boards, commissions of inquiry
4
Q
adm decisions
A
- granting licences, permits, approvals
- regulating utilities
- issuing ministerial orders
- any time an act says ‘ the minister may’, ‘the minister shall’ ‘ at the minister’s discretion’
5
Q
ns utility and review board
A
- independent, quasi-judicial
- not a court, just decisions
- regulatory and adjudicative (how corps do business)
- complicated technical issues, potentially dangerous issues
- way of putting separation between decision maker and politicians
- must stay within jurisdiction
- acts that tell them what they can and cant do
6
Q
uarb act
A
- board issues decisions and orders
- decisions must be in writing and include reason
- orders can be appealed to ns court of appeal
- not a court or part of judiciary
7
Q
wooden monkey and the nova centre
A
- restaurant concerned that the construction was causing them to lose business
- went to UARB
- adm decision: dont have power like the courts so cant just come with a claim, claim must fall within their realm, will not make decision because outside of realm
8
Q
cape breton development
A
- developer wanted to make an RV park
- residents opposed to municipality giving a permit
went to UARB - decides if municipality should have issued permit - interesting because UARB has no mandate for enviro issues (uarb act doesnt give them ability)
- uarb upholds rol
9
Q
ns power inc and forest biomass
A
- ns power controls power generation and dist in provinces, regulated utility so must answer to uarb
- when power makes an investment - guaranteed rate of return
- need permission to get capital investment each time from uarb
- forest harvesting: get rid of everything, small patches of trees are minimum that must be kept
- burning of biomass ineffective for electricity gen vs heating - only 25% efficiency, lots of co2 emissions
- before jamie was a lawyer he represented the eac but couldnt make this argument in this situation bc it was outside of board’s jurisdiction
- board doesnt have power to decide if regulations are correct
10
Q
procedural rights in admin law
A
- are adms using power fairly
- was admin process fiar?
- combo of rules enabling legislation (in acts) and common law procedural rights
11
Q
procedural fairness
A
- contextual
- rules of natural justice not engraved in stone
- nature of decision maker? quasi-judicial or other?
- impact of decision on individual?
- minimum: give notice of proposed decision and issues at hand and provide opportunity to comment
- can expect unbiased decision maker
12
Q
baker v minister of citizenship and immigration
A
= immigrant w canadian born kids ordered to be deported (application for permanent residence be made outside of canada)
- applied for exemption on huanitarian and compassionate grounds - denied
- scc: decision maker biased adn didnt consider relevant factors ( impact on kids)
- in some cases pf requires written explanation for decision
- if it affects life - expectation of written reasons
- cant challenge reasons without knowing what they are
13
Q
environment specific tribunals
A
- deals with environmetnal issues
- first go to this system
have in ab, bc, on - federal: yes, ad hoc basis - iaa
- not in ns
- why: reduced decision time and costs, increased expertise, consistency, accountability, public participation, problem solving through adr mechanisms
14
Q
Sipekne’katik v Nova Scotia environment
A
- alton gas: excavate caverns to store natural gas and pump brine into the schubenacadie river
- salty water may impact fish and life in river, first nations rely on fish
- minister gives industrial appeal to approve alton
- first nations appeals to minister, then go to court
- judicial review case - asking court to intervene
- adm: minister of environment
decision: industrial approval given to alton gas
grounds: procedural fairness: because of high level f impact on first nation, should be high level of procedural fairness
justice hood: decision should be quashed
15
Q
common law duty (correctness)
A
- impact on individual
- any ambiguity on how or why decision amde
- could court determine whether adm applied consisten and lawful criteria in absence of reasons?
