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LS101 – Sept.17.doc

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University of Waterloo
Legal Studies
LS 101
Frances Chapman

LS101 – Sept.17 20/10/2007 22:36:00 ← ADMINISTRATIVE LAW ← ← - assists with the backlog of the civil system (the court) • situation taken out of the victim’s hands (usually criminal vs. the Crown (Queen)) ← ← ALTERNATIVE DISPUTE RESOLUTION (ADR) • E.g. labour board, employment insurance, refugee status, landlord vs. tenant • System taken out of the judicial branch and into the executive branch (to gov’t) • Final solution is binding ← * administrative tribunals have to stay within their jurisdiction • must follow rule of law (pg. 121 in textbook) ← 1) The tribunal must be able to single out a statue that gives them authority/power and justifies their decision ← 2) Cognicent of the Charter of Rights and Freedom (a part of the Constitution) ← 3) The ‘rules of natural justice’ (rules of fair play – pg. 122) ← 4) The person making the decision must be impartial and properly appointed with past experience and expertise in a certain jurisdiction ← - courts will generally not intervene as it defeats the entire purpose of the system. However, when they do, it is called judicial review. Therefore, tribunal is still subjective to judiciary. ← ← COURT POWERS ← 1) habeus corpus • court will step in if someone is being improperly detained ← 2) certiorari • quashes decision of the gov’t administration • decision to be “held of no effect” ← 3) mandamus • writ to force administrator to make a decision ← 4) prohibition • to prevent administrator from making a decision ← 5) declaratory judgment • eliminating a certain point or piece of evidence ← ← - in ADR, parties converse and come to a decision together (more control over the situation) • NOT an adversarial situation ← Sentencing circles – available for First Nations offenders • An ancient Aboriginal process where the entire community is involved in sentencing (tribal elders, victim & family, offender’s family) • Strong focus on rehabilitation ← Diversion programmes
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