Transcript Slide 1

BC CLE Administrative Law Practice Manual
Chapter 2 - Administrative law decision-makers
Vancouver, BC
June 20, 2012
Robin Junger
Can you spot them?
– Many types of decision-makers that are
subject to administrative law principles
– Some are easy to spot but others are
not
– Do not assume these decision-makers
all know who they are
– Do not be afraid to discuss their
administrative law duties with them
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Delegation
– Many statutory decisions are made by delegates
– Important to determine the source of delegation
and terms of it
– People rarely ask but have the right to
– Delegating party cannot direct the decision but
does have some residual responsibilities
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Role of policy
– Many benefits
– reasonable consistency
– due regard for governmental interests in a
transparent and appropriate manner
– enhances efficiency
– Many challenges
– term is used in different ways by different people
– tough to know when to depart from it
– must respect underlying statute
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Know your decision-maker or tribunal
– Do not be afraid to ask basic
questions
– Review any rules of practice and
procedure
– Consider observing a hearing
before appearing
– Review prior decisions including
procedural rulings
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Don’t forget the Ombudsman
– Broad powers to investigate “matters of
administration”
– Jurisdiction over many public bodies
– Cannot order remedy but recommendations
are very influential
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Robin Junger
McMillan LLP
[email protected]
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