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
- Established by gov’t but not part of gov’t
- Perform some kind of public task
- Accountable to gov’t
- Some form of autonomy from gov’t
- Gov’t has primary assignment duties
2
Q
5 categories of ABC’s
A
- Regulatory: Provide licenses and make laws
- Public Trust: administer assets in public interest
- Corporate Enterprises: Crown Corporations
- Service Delivery: provide gov’t services
- Advisory: Advise gov’t on which actions to take
3
Q
Administrative Tribunals
A
Gov’t created body that settles disputes based on statute created rights and responsibility
4
Q
2 approaches to settling disputes
A
- Adversarial Approach: 1v1
2. Inquisitorial Approach: judge asks questions
5
Q
Adversarial Approach
A
1 v 1 system
Both parties decide relevant information
decision made solely based on evidence
6
Q
Inquisitorial
A
The judge investigates and collects information
decision made based on judges understanding and findings
7
Q
When can a tribunal use inquisitorial power
A
Language in the statutes allows it
tribunal purpose
what is fair in the circumstance