Anonymous

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

From Clicklaw Wikibooks
Line 142: Line 142:
===== (3) Right to Be Heard =====
===== (3) Right to Be Heard =====


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 his or her 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 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.  
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.


===== (4) Onus of Proof =====
===== (4) Onus of Proof =====
5,109

edits