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Administrative Law – There is help for you!

Posted by Andrew Liggett | Sep 16, 2016 | 0 Comments

Administrative law touches the everyday lives of citizens in more ways than any other area of law.

It is the body of law that attempts to ensure that governments (and government officials) deal with citizens in a manner that is both lawful and fair.

There are hundreds of municipal, provincial, and federal tribunals, boards and commissions. Administrative law is concerned with the regulation of governmental power in the state's relations with individuals, where it has the most immediate impact on people.

All levels of government make laws and regulations that affect us every day. Municipal governments have Bylaws and Licensing

Provincial government programs include Employment – minimum wage, breaks, working conditions, Residential Tenancies – housing from application to tenancy to termination and Assisting Programs – social assistance, worker's compensation.

The Federal government regulation include Employment Insurance, Disability benefits, Pensions, Human Rights. Other specialty organizations (with rules and procedures derived from government laws include: Doctors, Dentists, Lawyers, Real Estate Agents, Architects, Veterinarians, etc.

There is a sense that these types of hearings will produce better and fairer outcomes because plaintiff's can hear all the evidence and listen to all the various perspectives on a question. This also contributes to the belief in the participation in a democratic process.

The procedure before administrative boards and tribunals is usually less formal than that in the courts.

Benefits

  • Individuals can represent themselves
  • Less procedures
  • Impartiality
  • Independence

Challenges

  • Do not have to follow precedent
  • Bias
  • Government Control

All Administrative Tribunal decisions can be appealed to the courts under the Judicial Review procedure. The leading case is Dunsmuir v New Brunswick 2008 SCC 9, [2008] 1 SCR 190 where administrative decisions are appealed based on their correctness or reasonableness.

Contact Roslyn Chambers today for help with all Administrative Law questions: (778) 728-0208

About the Author

Andrew Liggett

Andrew Liggett is the Firm Founder of Sea to Sky Law. Born in Port Alberni, raised in Richmond as the eldest of four children, son of a banker and nurse, and now a resident of the North Shore, Andrew is a long term Metro Vancouver resident. Andrew joined the Military Police, Canadian Armed Force...

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