Difference between revisions of "Review of Administrative Decisions for Public Complaints (5:III)"

If there is a hearing, a party is entitled to be present while evidence or submissions are presented.  The right to be present at a hearing normally includes a party’s right to appear with counsel and their right to an interpreter, though normally a tribunal is not required to pay for these services.  The tribunal has discretion as to whether the hearing is public or private (although there is a presumption in favour of public hearings).  At any hearing, the tribunal must gather and weigh the evidence.  Relevance is the primary consideration when determining admissibility.  Not all administrative decisions involve an oral hearing. A tribunal may have the power to make certain decisions solely on the basis of written submissions.

The onus of proof is normally to a civil standard, i.e., that the events alleged occurred on a balance of probabilities (more than 50% likely).  However, disciplinary hearings may be to a mixed standard requiring proof beyond a reasonable doubt for some elements.

All decision-makers are expected to act in good faith and not to discriminate on the basis of irrelevant criteria.  Parties are entitled to a decision made by persons untainted by the appearance of bias or conflicts of interest.  A tribunal has a duty to at least consider exercising any discretion it may have.