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Administrative disputes

When it comes to public, administrative laws do apply. The administrative laws are there to deal with the administrative disputes. The administrative disputes therefore can be described as the disputes that do concern the exercise of the public power (Pathamayada, 2017). There are so many administrative disputes that can be dealt with. Some of the disputes do not need to be resolved while others calls for resolving.

Administrative disputes to be resolved

There are specific ways that are used to resolve these administrative disputes. Therefore, the nature of the disputes will determine the methods that will be used to resolve the disputes. Some of the administrative disputes that are known to be resolved includes the following;

One of the disputes is the taxation. Tax collection does fall under the administration law. Failure to observe tax payment will lead to administrative disputes. The other disputes will involve the dispensation of monetary benefits, environmental licenses, and failure to comply with the building inspection, child custody, where there is involuntary commitment, illegal immigration decisions, and some public payments (Jilke, 2016). If one finds himself or herself having committed the above the disputes, therefore, they can only be dealt with or resolved using the administrative laws.

Reference

Jilke, S., Van Ryzin, G. G., Van de Walle, S., Davis, R. S., Stazyk, E. C., Andersen, S. C., ... & Ford, M. T. (2016). The Bite of Administrative Burden: A Theoretical and Empirical Investigation Carolyn J. Heinrich 403 Responses to Decline in Marketized Public Services: An Experimental Evaluation of Choice Overload. Journal of Public Administration Research and Theory, 26(3).

Pathamayada, P., & Laothamatas, A. (2017). System and Process of Administrative Justice Affairs: Red-Tapes in Administrative Proceedings. RSU International Journal of College of Government, 4(1), 87-95.

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The Supreme court is the highest court in Canada due to the fact that it deals with all last resort legal issues. These issues include both federal and provincial jurisdictions.  It is the final arbiter of law in a court system based primarily on common law (using judicial precedent) and on respect for the rule of stare decisis — the notion that courts of appeal may modify or overturn lower court decisions, to ensure there is uniform application of the law. The judgments of appeal courts — called appellate decisions — are binding in the future on lower courts. This principle of upholding prior judgments lies at the heart of the judicial system. (Historica Canada, Supreme Court of Canada, 2017) The Supreme Court bench is made up of a chief justice and eight other judges who are appointed by the current governor in council. You must have belonged to the provincial bar for at least 10 years. The Supreme Court 3 times a year lasting three months in each session. These three meetings are in January, April and October.

In addition to being Canada's court of final appeal, the Supreme Court performs a unique function. It can be asked by the Governor in Council to hear references, that is, to consider important questions of law such as the constitutionality or interpretation of federal or provincial legislation and to give its opinion on the question.(SCC, Supreme Court of Canada, 2017)

Christian Hayes
Supreme Court of Canada Video Link:

https://www.youtube.com/watch?v=DFtkldh5pUA

http://www.thecanadianencyclopedia.ca/en/article/supreme-court-of-canada/

http://www.scc-csc.ca/court-cour/role-eng.aspx

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 What is Administrative Law?                                            Administrative law is one out of three areas of public law, including constitutional and criminal law. Administrative Law is handling the relationship between government and its citizens. The main reason for administrative law is the regulate the activities of the government, and that the laws enforced are fair and reasonable. The rules that affects citizens daily lives are rules made up by regulatory agencies. Because of this, there are disputes that need to be resolved, which is why we have administrative law. If you disagree with a law or has been wrongfully affected by a law that an agency has enforced, a special board will hear your complaint then decide the next action to take to resolve the situation. For example, if you’ve lost your job and was denied employment insurance from a federal government agency, a special tribunal would help with your situation. Here’s a youtube video that allows you to understand administrative law in a fun learning way.https://www.youtube.com/watch?v=ow5hZmU7Yfw&t=2sWebsites:http://www.thecanadianencyclopedia.ca/en/article/administrative-law/http://www.adminlawbc.ca/what-is-admin-law                                                                Mayah Lyou

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 What is Administrative Law?                                            Administrative law is one out of three areas of public law, including constitutional and criminal law. Administrative Law is handling the relationship between government and its citizens. The main reason for administrative law is the regulate the activities of the government, and that the laws enforced are fair and reasonable. The rules that affects citizens daily lives are rules made up by regulatory agencies. Because of this, there are disputes that need to be resolved, which is why we have administrative law. If you disagree with a law or has been wrongfully affected by a law that an agency has enforced, a special board will hear your complaint then decide the next action to take to resolve the situation. For example, if you’ve lost your job and was denied employment insurance from a federal government agency, a special tribunal would help with your situation. Here’s a youtube video that allows you to understand administrative law in a fun learning way.https://www.youtube.com/watch?v=ow5hZmU7Yfw&t=2sWebsites:http://www.thecanadianencyclopedia.ca/en/article/administrative-law/http://www.adminlawbc.ca/what-is-admin-law                                                                Mayah Lyou

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Tech Policy Lab, University of Washington

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Federal Agencies are semi-independent, executive bodies that are created through statute for subject-matter specific purposes. Agencies are formed by an act of Congress. Congress writes a kind of law called an "Organic Statute" that lays out the purpose and the structure of the agency.

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Purpose of Administrative Law and the Principles of Natural Justice                        By: Michael Dunphy                     Administrative Law is an area of public law dealing with government and its citizens. The purpose is to ensure that laws are implemented and administered in a fair, reasonable manner. It sets standards that government officials must meet in making decisions about individuals while ensuring there is a legal basis for any action by a government official. Administrative law can also relate to the legal control of the governments decisions and actions. The process by which a decision is made is very important and the decision maker always has a duty to act fairly while following the principles of natural justice.The principles of natural justice act as a shield between a person’s interactions with the state. They enforce a person’s rights, privileges, or interests by applying a duty to act fairly in procedures. The twelve most common rules of natural justice include: Notice, Disclosure, Opportunity to present one’s case, Opportunity to respond, Duty to consider all the evidence, Right to counsel, Right to an interpreter, Legitimate expectation, Right to impartial decision maker and freedom from bias, Institutional independence and requirement that the person who hears the case must decide, Delay, and Right to reasons.                   References:               Immigration, R. A. (2014, April 02). Citizenship: Administrative law. Retrieved December 08, 2017, from https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/canadian-citizenship/admininistration/decisions/administrative-law.html Immigration, R. A. (2014, April 02). Citizenship: Administrative law. Retrieved December 08, 2017, from https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/canadian-citizenship/admininistration/decisions/administrative-law.html

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Purpose of Administrative Law and the Principles of Natural Justice                        By: Michael Dunphy                     Administrative Law is an area of public law dealing with government and its citizens. The purpose is to ensure that laws are implemented and administered in a fair, reasonable manner. It sets standards that government officials must meet in making decisions about individuals while ensuring there is a legal basis for any action by a government official. Administrative law can also relate to the legal control of the governments decisions and actions. The process by which a decision is made is very important and the decision maker always has a duty to act fairly while following the principles of natural justice.The principles of natural justice act as a shield between a person’s interactions with the state. They enforce a person’s rights, privileges, or interests by applying a duty to act fairly in procedures. The twelve most common rules of natural justice include: Notice, Disclosure, Opportunity to present one’s case, Opportunity to respond, Duty to consider all the evidence, Right to counsel, Right to an interpreter, Legitimate expectation, Right to impartial decision maker and freedom from bias, Institutional independence and requirement that the person who hears the case must decide, Delay, and Right to reasons.                   References:               Immigration, R. A. (2014, April 02). Citizenship: Administrative law. Retrieved December 08, 2017, from https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/canadian-citizenship/admininistration/decisions/administrative-law.html Immigration, R. A. (2014, April 02). Citizenship: Administrative law. Retrieved December 08, 2017, from https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/canadian-citizenship/admininistration/decisions/administrative-law.html

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Judicial Structure and Administrative Law in Canada

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Judicial Structure and Administrative Law in Canada

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by: Juliana Orlando Rohr

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Procedure, Rights of appeal, and Jurisdiction with Administrative Law

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Procedure, Rights of appeal, and Jurisdiction with Administrative Law

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Procedure, Rights of appeal, and Jurisdiction with Administrative Law

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Ibrahim Hablayn

December 7th, 2017

POLI 2616UN

Public law in Canada can be broken down into three main sections: Administrative law, constitutional law and criminal law. Administrative law looks at the relationship between governments and citizens to make sure that the government is following laws by Parliament. How is power separated in this system? Any government activity that happens is controlled in many ways based on the Constitution. Federal powers are explained in Section 91, while provincial powers are explained in Section 92. Administrative agencies are given the power to make laws and to administer and implement them. However, for a law to pass, it must not conflict with the Canadian Charter of Rights and Freedoms or interfere with activity of another level of the government. Delegating legislation explains the power for the minister and the requirements for the authority to act.

In a situation that someone feels that an administrative authority decides to affect them or it violates their rights, the person can request for a court of law to review the case and the actions of the authority. This is only applicable of the authority operates out of its limitations and makes a decision that is unreasonable or unfair. Depending on the situation, the legislation involved will set a hearing with a board or tribunal that will make the final decision.

Reference:

Cowan, J. (n.d.). Administrative Law. Retrieved December 07, 2017, from http://www.thecanadianencyclopedia.ca/en/article/administrative-law/

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Alternatives to going to court - Mahed Khan

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Alternatives to going to court - Mahed Khan

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Alternative dispute resolution

Alternative dispute resolution (ADR) refers to the various ways disputes are resolved outside the court system, such as negotiation, mediation and arbitration. Lawyers are skilled in settling your legal dispute without going to court, or you can find information about mediation and arbitration services on the Internet.

Administrative tribunals

Administrative tribunals – both federal and provincial – run parallel to the provincial or territorial and federal court systems. Although administrative tribunals may resemble courts, they are not part of the court system. They are specialized bodies (organizations) that hear disputes about government rules and regulations, like employment insurance, disability benefits, and refugee claims. They are created by statute and focus on very particular areas of law.

References:

https://www.cjc-ccm.gc.ca/english/resource_en.asp?selMenu=resource_courtsystem_en.asp#hcco

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What recourse do citizens have when wronged by an administrative body

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What recourse do citizens have when wronged by an administrative body

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What recourse do citizens have when wronged by an administrative body

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Administrative Law and Inefficiencies in the System - Craig Stover

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Administrative Law and Inefficiencies in the System - Craig Stover

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The article titled:

"NHL Senators using Hill rink booking system to distribute promotional material" by Tim Naumetz highlights what can go wrong when large organizations are mixed with administrative law, and how the proverbial little guy can get left behind here and there. The Canada 150 rink, built out front of Parliment Hill in Ottawa, Ontario was created to celebrate our great country in its 150th year and companies were jumping at the opportunity to support such a great "venue" and event. If it weren't for the inevitable red tape of course. As is stated in the article, if one wanted to fund the project it would need to be in a "non-commercial nature" meaning the company or organization that donates to the rink would be truly doing so out of their own pocket with no return benefit. The Canadian Heritage department had been turning away some groups that were attempting to use the rink as an advertiser for their business or to gain any sort of positive publicity or advantage. That is, all but one business. The Ottawa Senators of the NHL are apparently being allowed to skip the red tape and the bureaucratic process in that not only have they aided in funding but they are getting a major pat on the back in return. They are getting free advertising from the rink's website which is offering people who want to use the rink subscriptions to Ottawa Senators news. While not an entirely scandalous example of the holes in red tape and administrative laws, the Ottawa Senators using their name and power to jump the line ahead of other local businesses is exactly why some are still hesitant to ever leave their preconceived notions of bureaucracy at the door.

https://ipolitics.ca/2017/12/06/nhl-senators-using-hill-rink-booking-system-distribute-promotional-material/

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What Happens When a Dispute Arises Over The Exercise Of Legal Powers By an Administrative Agency?

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What Happens When a Dispute Arises Over The Exercise Of Legal Powers By an Administrative Agency?

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Abdulaziz Alqarni

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Administrative Law is a protection for the individual citizens when they feel they have been wronged by a public agency. Since the legislation does not provide any blueprint to spell out how public servants should handle their interactions with the public mistakes are bound to happen that in some cases citizens can seek recourse. Aboriginal rights have always been trampled on since the signing of the first treaties. Currently, making headlines throughout the Aboriginal communities is that the senate has just passed a law that will allow women back onto their bands, having been previously removed for marrying outside their race. This issue speaks to these individual citizens who have had rights taken from them long ago that affected the status and benefits their family could receive. I think this is a human rights issue since gender and ethnicity are at the heart of the debate. Families were forced to leave their home because of discrimination, status was taken away because a native woman had children outside her race. Does that mean that her children cannot chose for themselves on their identity or that they cannot embrace both cultures? This issue took a long time and a lot of voices to express their concerns over this issue. In reality, this issue was made by the government to annihilate and assimilate aboriginal people into mainstream society and by excluding the women and their children they successfully erased an entire cultural identity of so many Canadians since the enactment of this provision within the Indian Act.

This excerpt from APTN explains why this status has been made to exclude people, "Indian status involves important legal rights and material benefits, such as tax exemptions, extended health coverage and financial aid for post-secondary education. Another critical aspect is the right to pass status to one's children." Lynn Gehl of Peterborough fought for 32 years to be recognized as a status Indian and was repeatedly denied by the federal government because she did not know who her paternal grandfather was regardless that she could trace her lineage back 5 generations. What other countries systematically strip away an entire populations identity? In Lynn's case her recourse involved fighting the same power for 32 years until someone in government came to their senses.

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Business programs complete teachings and course work that relate to ethics. Do you believe this affects how public policy is formed?

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Business programs complete teachings and course work that relate to ethics. Do you believe this affects how public policy is formed?

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Laura Turney
Many Public Administration workers begin their career path in Business and Social Science programs. 'Ethics' is a topic that must be introduced at an early stage in student's learning so that they may dive deeper into the complex subject. Ethics is not something that can be learned in one semester. An introduction to ethics is needed to open up the sub-sections of ethics as a whole. Within a Business diploma is a variety of classes that can teach different degrees of ethics that would apply to a career in Public Administration. Accounting teaches students about the rules of GAAP and always presenting financials in a fair and truthful manner. Citizens rely on those in Public Administration to be thruthful about the funds that are coming in and out of the public office. Law teaches students about the basics of contract law and tort. At times law matters are brought to the public offices, and in this instance a tricky blend of legal knowledge and ethics is needed to keep the peace. Human Resources teaches students about basic human rights, and the acceptance of all members of society. With a combination of these courses and others, Business programs can become an unintentional background information session on Public Administration.

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Steps to Prepare for an Administrative Tribunal

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Isaac Robinson

The article I have found from the Toronto Star in 2011 outlines the findings of a women's sexual harrassment case with emphasis on the supreme court of Canada's decision limiting the human rights tribunals' ability to hand out compensation for legal fees. The issue stemming from the tribunals' limitation is that it may discourage individuals from coming forward in fear that they cannot afford the legal fees incurred with many large cases such as the one outlined that lasted six weeks in the course. The women claimed $196,000 in legal fees, but the human rights tribunal cannot award those fees according to the supreme court of Canada. That may seemingly contradict the purpose of administrative law in not allowing those internal controls of government agencies work properly.

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OTTAWA-A ruling Friday by the Supreme Court of Canada that winners of human rights cases cannot recover their legal costs will "absolutely" discourage many complainants from coming forward, a human rights lawyer says.

In a key administrative law ruling involving a woman's sexual harassment complaints against the military, the Supreme Court of Canada said Parliament did not intend to give the Canadian Human Rights Tribunal the power to assess and award thousands of dollars to cover individual legal bills.

Lawyer Andrew Raven said his client Donna Mowat, an ex-master corporal and military traffic technician, is "very disappointed with the result."

Mowat lost on many of her complaints in 2005, but the human rights tribunal had granted her $4,000 plus interest in damages on one count of sexual harassment. It awarded $47,000 in legal costs - not the $196,000 she claimed - for that limited victory after a six-week challenge. In the end, she gets no legal costs covered.

The Supreme Court of Canada unanimously upheld a Federal Court of Appeal conclusion that the tribunal only has the authority to decide compensation (up to a current maximum of $20,000) and expenses incurred during an infringement of rights, but not "legal costs."

That term has a "distinct legal meaning," said the high court, which is "compensation for legal expenses and services incurred in the litigation."

Most provinces allow their provincial human rights tribunals to award "legal costs" or other extra costs, and specifically say so in their legislation.

Justices Louis LeBel and Thomas Cromwell said since 2003 the federal human rights commission, which brings complaints to an independent federal tribunal for adjudication, has restricted its advocacy to "cases that raised issues of systemic discrimination or new points of law" - as recommended by Justice Gerard LaForest, who led a review.

Yet the federal government never acted on LaForest's recommendation to provide legal "clinic-type assistance" to complainants.

It's unlikely the Harper government, which killed the Court Challenges Program and its funding for equality rights battles, would amend the law to fund human rights complainants.

But Raven thinks it should. He said the commission's role is to argue the points "that they think reflect the public interest" which is not always "synonymous with the private interest of the complainant."

Raven said the ruling is a blow to individuals who are often up against large, well-resourced employers and now know that "win, lose or draw they're going to have to pay" the costs of lawyers or expert witnesses needed to mount a case.

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Human rights tribunal can't award legal costs: Supreme Court | The Star

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OTTAWA-A ruling Friday by the Supreme Court of Canada that winners of human rights cases cannot recover their legal costs will "absolutely" discourage many complainants from coming forward, a human rights lawyer says.

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Katie MacLellan
Administrative law is how disagreements regarding government laws are solved. If someone has been negatively affected by a law, a board will listen to the complaint and make a decision about the issue. There are many times where an administrative law professional would be needed including issues with unemployment benefits, worker’s compensation, and equal opportunity commissions. As an example, if someone is injured at work, and is being denied compensation, they would seek advice from an administrative law professional in order to be heard by a board to obtain funding.

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What happens when a dispute arises over the exercise of legal powers by an administrative agency?

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What happens when a dispute arises over the exercise of legal powers by an administrative agency?

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Sultan Asiri

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What Powers do Courts have in Canada? & how is that power divided?

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The court structure and power in Canada 

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The court structure and power in Canada 

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- Wil Etherington

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What to know about Administrative Law - Valerie Beaulieu

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What to know about Administrative Law - Valerie Beaulieu

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https://www.youtube.com/watch?v=q_vqlZJofo0&t=1s

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Powers and Structure of Canada's Court Systems

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Powers and Structure of Canada's Court Systems