The Flaherty File
Potpourri
In your court
"Globe"trotters
That isn't fair
Its your duty
200
The year that the code was revised that lead to overlapping jurisdictions.
What is 2008?
200
A type of agency that is not a court but operates like a court in deciding disputes over statute-based rights, entitlements, and duties.
What is a tribunal?
200
The branches of government not shown in this image.
What are the Legislative and Executive Branches?
200
Procedure and normative standards that exist in the space between domestic legal structures and international law
What is global administrative law?
200
Notice, participation, representation, presentation of evidence, cross examination, being heard in a timely manner, receive a timely decision with rationale, basing decisions on evidence presented, and the person who hears must decide are all elements of:
What is the Right to be Heard (Fairness)?
200
This Administrative Tribunal Duty or Obligation involves the AT’s obligation to prevent excessive or inordinate delay in issuing its decision.
What is the Duty of Efficiency (Delay)?
400
They are the 2 criterions of the Arunachalam approach.
What is subjective/objective criterions?
400
Without this, advocacy before a tribunal or other agencies is likely to not be effective.
What is thorough preparation?
400
The leading judicial authority on fairness?
What is Baker v. Canada (Minister of Citizenship and Immigration)?
400
Refers to the “broken links” between decision makers and those impacted by the decision
What is a democratic deficit?
400
A formal, written document outlining the tribunals consideration of a matter including the decision-making process.
What is the requirement to give reasons?
400
This Administrative Tribunal Duty or Obligation describes the decision maker’s obligation to ensure that decision makers demonstrate their reasoning behind their decision, and come to a reasonable result.
What is the Duty to Explain (Reasons)?
600
The HR Code authorizes adjudicators across forums to award compensation for injury to____.
What is an individual's dignity, feelings, and self-respect.
600
Components of useful and ethical advocacy.
What are building confidence and trust & showing respect?
600
The obligation of participants to provide sufficient evidence to prove a point in a dispute.
What is the burden of proof?
600
A type of social pressure that influences developing nations participation in global governance
What are external social contracts?
600
Taking care to ensure facts have been presented and summarized accurately, without distortion or exaggeration and legal principles are fairly outlined.
What is Ethical Advocacy in Closing Submissions?
600
This Administrative Tribunal Duty or Obligation requires that all mediation discussions remain confidential.
What is the Duty of Fairness (Natural Justice)?
800
This is the forum that has the highest awards for human rights damages?
What is the Human Rights Tribunal?
800
"Every agency is the master of its own process."
What is the Inherent Powers Doctrine?
800
This image shows the opposite of the principle of
What is ethical advocacy?
800
Participation of these types of organizations are often expected to represent the public interest
What are NGOs?
800
Selecting the reading that was only three pages in length but instead ended up having to review a book that was 305 pages.
What is why Lisa thought she would be getting off easy?
800
This Administrative Tribunal Duty or Obligation requires that ATs prove their record of good governance through independent audits.
What is Governance (Ensuring Fairness)?
1000
This is the approach name to identify subjective-objective criterions of a human rights case.
What is the Arunachalam approach?
1000
When the law does not provide an answer, the adjudicator (decision makers) must use ________ to determine if an action in question is "reasonable" and "fair" as opposed to "right" or "wrong".
What is discretion?
1000
This is the most recent case before the courts that has set a foundation for a more unified decision-making system for human rights damage awards?
What is the Strudwick v Applied Consumer & Clinical Evaluations Incorporated.
1000
This form of accountability can incorporate elements of several other approaches with the notion of soft power
What is public reputational accountability?
1000
Clear, direct, and forward looking actions, expressly permitted under the guiding legislation, to right the wrong that had been made.
What are Orders/Remedies?
1000
This Administrative Tribunal Duty or Obligation requires that decision makers prevent bias from influencing the decision.
What is the Duty of Fairness (Natural Justice)?