Chapter 12: Management and Control of Hearing Process

Question 1

What does authority to set processes enable

Answer 1

It enable creation of fair and efficient setting

Question 2

What does common law and statutory powers enable

Answer 2

enable control of the hearing to maintain fairness and efficiency

Question 3

6 ways to achieve fairness and effeciency

Answer 3

1. Address contempt
2. Bar a representative
3. Compel Witnesses
4. Prevent abuse of process
5. Maintain order
6. Award cost

Question 4

What is contempt and what does it include

Answer 4

Contempt is conduct that shows disrespect for the authority of a court or tribunal and tends to disrupt. includes:
Disrupting, Not following instructions, Making statement to the media in order to influence the outcome

Question 5

3 step approach in the face of comntempt

Answer 5

1. “Show cause hearing” Identify offensive behaviour, give opportunity for explanation and apoligy
2. Ask court to commence formal contempt proceedings
3. if a lawyer report to law society

Question 6

2 ways to bar a representative

Answer 6

Procedural fairness: a party has right to representation

1. A non-lawyer representative can be barred for incompetence
2. A lawyer representative cannot be barred unless for egregious behaviour

Question 7

Abuse of Process

Answer 7

Conduct by a participant in a proceeding involving a flagrant and serious violation of the rules of procedure or of other reasonable expectations of the court or tribunal

Question 8

Can a party lose the right to be present

Answer 8

Yes a party can loose the right to be present. Procedural Fairness: A party has the right to be present however this right may be lost by inappropriate behaviour

Question 9

3 Escalating Remedial Actions to maintain order

Answer 9

1. Order Compliance with rules of the court
2. Order Departure from hearing
3. Call police to enforce order

Question 10

Public Access to Proceedings

Answer 10

Generally the public has right to observe tribunal proceeding unless special circumstances where personal or public harm outweigh public interest in an open hearing

Question 11

Closed Hearing

Answer 11

A hearing where only the parties, representatives and those needed for hearing are present. All records are sealed and not available to general public

Question 12

Partially closed hearing

Answer 12

A hearing in which some elements of trial are closed and other open to public. Records for closed portion will be sealed however public will have access to open portion

Question 13

Closed Hearing with media

Answer 13

A hearing where only the parties, representatives and those needed for hearing are present. All records are sealed and not available to general public
Some media members allowed and can only report on permitted info

Question 14

Publication Ban

Answer 14

Hearing is open but tribunal prohibits publication of specified information. Ban may be imposed on everyone or specified individuals