Administrative Law: Chapters 3, 6, and 7

What are the fundamental principles of administrative law

Administrative law _________ the ___________________ granted by statutes.

Official is responsible for making decisions required to give affected individual a hearing before the decision is made

T/F: All administrative decisions are subject to natural justice.

What do you have the right to if a decision has been made that affected your rights

You have no right to receive a certain benefit but you have been receiving it for a long time. The government wants to change this. Do you have any rights here? Why?

The scope of authority or powers conferred on a government body or official by legislation or common law.

What is it called when a government body acts outside their jurisdiction?

Where do government bodies get their jurisdiction from ?

Whatever additional powers are necessarily incidental to their explicit powers

every agency is a master of its own process and can create/ follow procedures not provided for in the statute

Decision makers must exercise their power in accordance with _____________ rules of _________________

Agencies must interpret their power in the context of _________________

Decisions made with discretion must be based on the __________________ of the _______________ granting the discretion

1. must be exercised within jurisdiction
2. decision must be made consistent with the statute
3. must only consider the facts relevant to the statute
4. treat similar cases similarly
5. good faith

What happens when a decision maker rules out options that they are required to consider by law?

What are the limitations on fettering discretion

When an official delegates their power to someone else

Why cant decision makers subdelegate?

Under what conditions can legislation be subdelegated

Duty of PF if the decision will affect their rights

What are some types of decisions that are subject to the duty to act fairly

What fairness obligations bind agencies

s. 35 Constitution Act

R v Delgamuukw

Summary of the fundamental principles of administrative law

body of rules and principles that regulate how agencies, boards, and commissions must administer and enforce our laws

where does administrative law not apply?

any individual corporation entity exercising power granted by legislation or statute is subject to what and give an example

what are the 4 pillars of admin law

government decision makers are given powers by legislation and must stay within the boundaries of those powers

government decision makers cannot delegate their authority to someone else unless authorized by statute

government decision makers must follow fair procedures when making decisions such as the right to an impartial decision maker or the right to be heard

when does a decision maker make a jurisdictional error

A decision maker made a decision that denies me the right or entitlement to something. What type of decision is this and what level of PF are they entitled to?

Low degree of PF= _______________ decision

whenever teh public decision maker makes a decision affecting a persons interests or rights more directly than it affects the rights of the general public the DM has the obligation to notify the person, provide an opportunity to be heard, and provide an unbiased decision

T/F procedural safeguards are applied evenly regardless of the agency or tribunal.

what kinds of decisions dont require as many procedural safeguards

When determining whether or not there was PF where do you look for the law?

How do you determine whether or not there was procedural fairness where do you look for the law?

SPPA

PF Factors (5)

where the statute does not provide for an appeal from an administrator's decision the ___________________ may be warranted in making the initial decision

right to notice

What is a strategy to win your case in admin law?

individual impartiality

institutional impartiality

anything that draws your attention away from the law or the evidence being presented it called _______

True or False: When a decision maker does not believe there is bias but there is a reasonable apprehension that they might be biased it is improper for them to hear the case.

the appearance of bias to a reasonable and well informed observer

Because of the strong presumption of ___________________ the burden to prove bias is more than a balance of probabilities but less than beyond a reasonable doubt

any interest including a financial interest incompatible with an individuals function as a tribunal member

list 4 indicators of possible bias

the ability to look at facts and evidence neutrally

the _______ of a tribunal is a matter of its status

in administrative law there is a requirement of ________________________. , with statutory exceptions

When will a built in bias be acceptable

How do you determine if there is institutional bias

How do you raise an allegation of bias?

what happens in most cases when an allegation of bias is raised.

T or F. Tribunals have the same level of independence as the judicial branch

Security of tenure
financial security
control and operation of their courts

how to determine institutional bias

tribunal member is not fixed term. More or less likely to be biased

Part time employee. More or less likely to be biased.