Chapter 2 Administrative Agencies and Tribunals Flashcards

Understand and explain how Administrative agencies and tribunals work

1
Q

5 qualities of all ABC’s

A
  1. Established by gov’t but not part of gov’t
  2. Perform some kind of public task
  3. Accountable to gov’t
  4. Some form of autonomy from gov’t
  5. Gov’t has primary assignment duties
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2
Q

5 categories of ABC’s

A
  1. Regulatory: Provide licenses and make laws
  2. Public Trust: administer assets in public interest
  3. Corporate Enterprises: Crown Corporations
  4. Service Delivery: provide gov’t services
  5. Advisory: Advise gov’t on which actions to take
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3
Q

Administrative Tribunals

A

Gov’t created body that settles disputes based on statute created rights and responsibility

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4
Q

2 approaches to settling disputes

A
  1. Adversarial Approach: 1v1

2. Inquisitorial Approach: judge asks questions

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5
Q

Adversarial Approach

A

1 v 1 system
Both parties decide relevant information
decision made solely based on evidence

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6
Q

Inquisitorial

A

The judge investigates and collects information

decision made based on judges understanding and findings

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7
Q

When can a tribunal use inquisitorial power

A

Language in the statutes allows it
tribunal purpose
what is fair in the circumstance

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