Tribunal practice Flashcards
Tribunal rules
There are no default universal set or ules for a tribunal
each tribunal usually makes their owns
Usually defined as regulations udner the enabling statue
Cansdian human rights tribunal
Usually informal ad hoc rules
Copyright board
Set of formal specific rules that govern a single proceeding
Gives board ability to manage cases
Has practice notices that act as guidelines rather than tules
CRTC
A combination of both ad hoc and specific rules
What are typical topics covered by tribunal rules
Quorum
Hearings
Confidentiality
Time linits
Evidence
General rule that traditional rule of evidence dont apply
Rationale: Leg intent allows for delegation to be flexible and informal
Statutory DMs have the right to decide on rules of evidence, but this isn’t an absolute
Whats within tribunals discretion
Type of evidence and manner in which its presented, but must be responsive to te cirucmtances
Considerations for evidence
Hearsay
relevance
Cross examination
Notice
R Deputy Industrial Commissioner
Technical rules of evdence dont form part of PF
Rules of evidence cannor restrain discretion.
General principles of evidence
The more adversarial the process, the more likley the proceedings will look like a court
Witnesses dont need to meet the mohan criteria but consideration of it may dictate the wight /importancegiven to it
Hearsay isnt strictly inadmissable- context will be relevant
Discretion
CMRRA
Copyright board has the widest dicretion
Can only be limited by bad faith/arbitrariness
Confidentiality
Masters of their own process,
Open court principle ddoesnt apply unless theres genuine public interests at stake
Socan example
Tariff 4:
Allows granting of licenses subject to certain requirements.
Procedure:
A number of venues/commercial organisations object.
The board has written proceedings and may make it into an oral proceeding if they see fit.
Key issue:
Some of the producers/singers operate music festivals.
More than just music happens, ie. Food and drink trucks operate.
Argue that the tariffs should not apply to things that are not music-related.
The board:
Issued an order: reached a preliminary view and told the parties.
Requested specific evidence to help them confirm their decision.
Told the parties they were thinking of creating a provision for this and wanted brief comments.
Issue:
One of the parties provided a lot of evidence and statistics to show the money spent on things not music-related.
Conclusion:
Even though the party requested for comments only, the tribunal allowed that evidence to be submitted and considered anyway because it helped them in their considerations.
