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Adminstrative Law.docx

5 Pages

Legal Studies
Course Code
LS 101
Frances Chapman

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LS 101 ADMINSTRATIVE LAW TUES. NOV 13/15 DEFINITION: body of rules and principles which governs the exercise the powers granted by statue. Any individual or body exercising a power granted by statue of regulation is subject to the principles of administrative law.  Law that governs bureaucrats and tribunals o Includes any governmental or quasi-governmental authority that has powers directly/indirectly from statute  Governs discipline committees of private associations and clubs  Immigration and unemployment insurance authorities, university committees, THREE BRANCHES OF POWER Executive  Prime minister and cabinet  Suggests need for laws  Oversees government  Appoints judges Legislative  Parliament  Makes and amends law  Creates departments, agencies, administrative tribunals  Create, debate, and repeal statutory laws Judicial  Interprets and applies law to specific cases before the court  Checks and balances for other levels REGULATORY OFFENCE: VIOLATION TO ADMINSTRATIVE LAW  Settling disputes between citizens and government agencies  Administrative tribunals deal with these matters  Can be federal/provincial/municipal  Boards, commissions, committees, councils  Government delegates powers to agencies  Sets standards and regulations  Powers: fines, send back to prison, deportation, other punishments  Impartial bodies ensure that the governments author is acting in fair/non-discriminatory way  Members o Specialized knowledge/experience, training, education o Should have autonomy o Act according to regulations and legislation o Question of jurisdiction: do they have right to make decision? ADMINSTRATIVE TRIBUNALS  Criticism o Cannot be seen as subject to conflict of interest (personally know party/matter) ULTRA VIRES  are you within your powers?  “beyond the power of the body, or acting beyond the given jurisdiction”  If beyond jurisdiction, you’re ultra vires LS 101 ADMINSTRATIVE LAW TUES. NOV 13/15 EXAMPLES OF REGULATORY PROVINCIAL TRIBUNALS  Alberta human labor relations board  Children’s aid society  Psychiatric review board  Liquor licensing board  Human rights tribunal of Ontario Examples of regulatory federal tribunals  Immigration and refugee appeal board DEFINITION OF ADMINISTRATIVE LAW  Body of rules and principles which governs the exercise of powers granted by statute  Any individual or body exercising a power granted by statute of regulation if subject to the principles of administrative law TRUE CRIMES AND REGULATORY OFFENCES  True crime o Behaviors considered inherently wrong o Harmful to population, crimes against state/citizens o Ex. Murder  Regulatory offences o Lawful o Protecting public from actions of business, protecting consumers o Business, trade, transportation o Seen as less serious o Punishment  Quasi-criminal statutes  Quasi-judicial powers o Federal, provincial, municipal  Pollution control  Handling and packaging food  Misleading advertisement o Burden of proof: prove that accused committed act. Accused must prove that was not negligent RULES OF NATURAL JUSTICE  Tribunals have power  Can go to court and say not properly done per the rules of natural justice  Rules have fair play, allowed to have a fair hearing, allowed to cross-examine a witness, notified of the hearing  Sinkovich v. Strathroy o Board fires Sinkovich o He didn’t get a fair hearing, didn’t know hearing was going on, no notification that he was being reviewed, no time to explain what was happening, should be able to go in front of tribunal and explain themselves LS 101 ADMINSTRATIVE LAW TUES. NOV 13/15 JURISDICTION/PROCEDURAL FAIRNESS  The authority of a body to make decisions to take action with reference to certain specific areas of control  Courts can override if violation or contrary to the Charter  Due process method to ensure everyone is getting equal treatment before tribunal CHARTER OF RIGHTS AND FREEDOM  Taken seriously if it violates your constitutional rights LIMITS TO POWER  Don’t let tribunal members do whatever  If don’t act according to charter, decisions are upheld  Tribunal must be reasonable  Decision maker must be properly appointed o People must be specially trained in certain matters o Must have specific skills JUDICAL REVIEW  What will the court consider? 1. Are they in their jurisdiction according to constitution act 1867 sections 91/92 2. Acting in accordance with legislation 3. Infringed any rights in the Charter? 4. Infringed rules of natural justice?  If yes to any above situation, can review and apply
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