The Flaherty File
Potpourri
In your court
Globalization
That isn't fair
Its your duty
200
What year was the code 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 between individuals and/or companies, or between individuals or companies and the government, over statute-based rights, entitlements, and duties.
What is a tribunal?
200
Below is an image of the Judicial branch of government. What are the two other branches and what do they do?
What are the Legislative and Executive Branches.
Legislative Branch = Lawmakers
Executive Branch = Administers Laws
200
Procedure and normative standards that exist in the space between domestic legal structures and international law
What is global administrative law?
200
These types of rights aim to bring fairness to life by providing for the enfranchisement of affective parties in public decision making.
What are Participatory Rights?
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
The key to effective advocacy before tribunals and other agencies is...
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
The two common law principles of procedural fairness are:
What are the requirement to provide a hearing and the requirement to give all parties an opportunity to be heard?
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
An outline for useful and ethical advocacy includes:
What are Building Confidence and Trust and Showing Respect?
600
In this case, the SCC concluded that the duty to consult had not been satisfied with respect to the rights of Indigenous peoples.
What is Clyde River (Hamlet) v. Petroleum Geo-Services Inc, 2017?
600
A type of social pressure that influences developing nations participation in global governance
What are external social contracts?
600
The basic tenants of the legal system; includes the right to procedural fairness in criminal procedures and administrative decision-making, as well as certain substantial principles of fairness.
What is fundamental justice?
600
This Administrative Tribunal Duty or Obligation requires that all mediation discussions remain confidential.
What is the Duty of Fairness (Natural Justice)?
800
The common law rule that an agency has an inherent power to utilize a procedure that is reasonably necessary to carry out its statutory functions even if that power is not explicitly set out in a statute.
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
The rule of law exemption applies in a small category of cases including the scope of Aboriginal and treaty rights under Section 35 of the Constitution Act, 1982, and other constitutional matters. What standard applies to such exemptions?
What is the correctness standard?
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
The power of a government official or agency to choose a course of action from among a variety of options available under the law.
What is discretion?
1000
This case is the leading authority on standard of review in administrative law?
What is Canada (Minister of Citizenship and Immigration) v. Vavilov?
1000
This form of accountability can incorporate elements of several other approaches with the notion of soft power
What is public reputational accountability?
1000
An implication so probable that it would be unreasonable to draw any other inference from the facts.
What is necessary implication?
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)?