Administrative Law and Process

Question 1

Why is there a need for administrative law and process

Answer 1

government is too powerful

Question 2

What happens when government regulates you?

Answer 2

It unbalance of power and money. Quasi - Judicial

Question 3

What are the 5 points that dictate Procedural Fairness

Answer 3

1) Right to a hearing
2) Know your allegations
3) Right to present evidence/cross examine
4) Right to an unbiased decision maker
5) Must be given a reason

Question 4

What happens if Procedural Fairness is violated? (2)

Answer 4

1) Ceitorari Quash - A writ or order by which a higher court reviews a decision of a lower court.
2) get an appeal

Question 5

What is natural Justice?

Answer 5

natural justice is technical terminology for the rule against bias and the right to a fair hearing

Question 6

How do you know whether its an administrative issue?

Answer 6

The say …..

1) Commission
2) Council
3) Agent

Question 7

Who regulated our lives?

Answer 7

The government

Question 8

Why are most aspect of our lives regulated ?

Answer 8

Necessary to protect the vulnerable in the market place

Question 9

The function of Administrators (2)

Answer 9

1) Policy
a) Creation - rights through enactment of the law
b) Implementation - Rules, guideliness, forms , etc
2) Regulation
a) Enforcement of the Law
b) Adjudicative functions

Question 10

The function of Administrators - Policy (2)

Answer 10

a) Creation - rights through enactment of the law

b) Implementation - Rules, guideliness, forms , etc

Question 11

The function of Administrators - Regulations

Answer 11

a) Enforcement of the Law

b) Adjudicative functions - Aspecialized, informal, quicker alternative to courts. & Original decision making

Question 12

The function of Administrators - Regulations - (b) Adjudicative Functions describe the two -

Answer 12

b) Adjudicative functions - Aspecialized, informal, quicker alternative to courts. &
- Original decision making

Question 13

What is the hierarchy of the law

Answer 13

1) Constitution
2) Ordinary legislation
3) Regulators
5) Administrative Tribunal

Question 14

What are Administrative Tribunals ?

Answer 14

An administrative court is a type of court specializing in administrative law, particularly disputes concerning the exercise of public power. Their role is to ascertain that official acts are consistent with the law. Such courts are considered separate from general courts

Question 15

Administrative Bodies - Name the three

Answer 15

1) Federal
2) Provincial
3) Municipal

Question 16

Administrative Bodies - Federal name some….

Answer 16

1) Canadian Radio
2) Telecommunication
3) National Energy Board

Question 17

Administrative Bodies - Provincial name some

Answer 17

1) WCB
2) Securitites commission
3) labour relations

Question 18

Administrative Bodies - Municipal name some

Answer 18

1) Police commission
2) School boards
3) Tax commission

Question 19

Regulatory Enforcement - Broad Administratuve Discretion ?

Answer 19

Many cases laws permit broad administrative discreation in deciding indicidual cases… SUCH AS Land development, perole, immigration, licensing

Question 20

Quasi - Judicial Decision Criteria

Answer 20

1) Lively hood or high economic stakes involved
Revoking one proffesional license, land development approval, business licensing in jepordy
2) Personal Liberty issue
3) Decision is discplinary in nature

Question 21

What is a Quasi Judicial

Answer 21

Judge like “adjudication”

Question 22

Basket of procedurral rights in quasi-judicial decison making is called

Answer 22

Natural Justices

Question 23

What are the seven steps of Natural Justices?

Answer 23

1) Agency must first look at enabling legislation form mandatory procedures
2) Right to & resonable notice
3) participation at the hearing
4) Cross examination
5) May be permitted to be represented by a lawyer
6) No bias in tribunal

Question 24

Quasi Judicial Review - Appeals (5)

Answer 24

1) Not technically an appeal
2) One may apply to court, which only reviews procedure & jurisdiction of adminal tribunal
3) Was there a denial of natural Justice is questioned
4) Did the tribunal exceed its jurisdiction
5) Cannot simply ask for a different outcome

Question 25

What are some legal remedies for a quasi judicial decision

Answer 25

1) Ceiriurari
2) Mendamus
3) Prohibitions

Question 26

What are some legal remedies for a quasi judicial decision - Define

Answer 26

“to be informed of, or to be made certain in regard to”. It is also the name given to certain appellate proceedings for re-examination of actions of a trial court, or inferior appeals court.

Question 27

What are some legal remedies for a quasi judicial decision - Define Mendamus

Answer 27

a judicial writ issued as a command to an inferior court or ordering a person to perform a public or statutory duty.

Question 28

What are some legal remedies for a quasi judicial decision - Define Prohibitions

Answer 28

A statute or order forbidding a particular action

Question 29

What is a writ?

Answer 29

a form of written command in the name of a court or other legal authority to act, or abstain from acting, in some way.

Question 30

In a circumstance involving legal remdies or an appeal what occurs ?

Answer 30

Courts usually send the case back to the tribunal as they are looked upon as the experts

Question 31

What are Privative Clause (2)

Answer 31

1) Found in legislation

2) Legislative intent to make the administrative body the final authority on the merits of each case

Question 32

What ar the purpose of administrative process..?

Answer 32

Quick, subjected adminstration of policy/ law

Question 33

What are the characteristics of a merely administrative decision? (4)

Answer 33

1) Less personal
2) Facts less i dispute
3) Non- disciplinary
4) Low stakes
`

Question 34

Give some examples of merely administrative decisionss

Answer 34

Legal registration of papers, appication of social securities benefits, passport issuing

Question 35

What are the legal duties of the administration?

Answer 35

• Only to make a decision and be fair & follow the law

Question 36

What is the Ombudsman?

Answer 36

Responds to complaints of unfsir treatment by provincial government auhorities and designated proffesional organization

Question 37

Who si the Ombudsman intended for?

Answer 37

1) Private sector - banks, newspapers, telecommunication, and airlines
2) Public sector - Police complaints, privacy/ethicics commission.

Question 38

The Ombudsman - What integrity characteristics do they emcompess?

Answer 38

1) independent

2) investigaotr powers can recomment only