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Difference between revisions of "Review of Administrative Decisions for Public Complaints (5:III)"
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Review of Administrative Decisions for Public Complaints (5:III) (view source)
Revision as of 17:56, 22 January 2021
, 17:56, 22 January 2021→(a) Standard of Review
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Fundamental procedural rights include the right to know the case that must be met and to respond, and the right to an impartial decision-maker. In some cases, procedural fairness requirements might also include the right to advanced notice, the right to an oral hearing, the right to be represented by counsel, or the right to formal written reasons. In all cases, the prejudice to the accused from denying a procedural norm must be balanced against the need to make administrative decisions efficiently. | Fundamental procedural rights include the right to know the case that must be met and to respond, and the right to an impartial decision-maker. In some cases, procedural fairness requirements might also include the right to advanced notice, the right to an oral hearing, the right to be represented by counsel, or the right to formal written reasons. In all cases, the prejudice to the accused from denying a procedural norm must be balanced against the need to make administrative decisions efficiently. | ||
===== (a) Standard of Review ===== | ====== (a) Standard of Review ====== | ||
Generally, the tribunal’s procedural decisions will be assessed on a standard of '''fairness'''. The court will show deference to the administrative body’s discretionary choice of procedures, provided that the selection is fair in the circumstances. See e.g. ''Baker'', above. | Generally, the tribunal’s procedural decisions will be assessed on a standard of '''fairness'''. The court will show deference to the administrative body’s discretionary choice of procedures, provided that the selection is fair in the circumstances. See e.g. ''Baker'', above. | ||
For provincial tribunals to which the ''ATA'' applies, the Act provides: “questions about the application of common law rules of natural justice and procedural fairness must be decided having regard to whether, in all of the circumstances, the tribunal acted '''fairly'''” (ss 58(2)(b) and 59(5)). | For provincial tribunals to which the ''ATA'' applies, the Act provides: “questions about the application of common law rules of natural justice and procedural fairness must be decided having regard to whether, in all of the circumstances, the tribunal acted '''fairly'''” (ss 58(2)(b) and 59(5)). | ||
===== (b) Duty to Act Fairly ===== | ===== (b) Duty to Act Fairly ===== | ||
