Sentences with phrase «role of the administrative tribunals»
A recent decision of the Federal Court of Appeal («FCA») has muddied the waters regarding the role of the administrative tribunals in Crown - Aboriginal consultation and effectively diminished the duty of tribunals to assess the adequacy of Crown consultation in respect of project applications before them.
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This case raises challenging questions about the proper constitutional role of courts, their appropriate function on judicial review, and the relationship between administrative tribunals and the judiciary.
To demonstrate the broad applicability of FIPPA, Justice Morgan explored the role and function of administrative tribunals, as an administrative arm and an independent adjudicative body, but noted the lack of distinction in FIPPA of the business functions of government or the adjudicative functions of tribunals.
Apart from that, the only «fix» is for the Legislature to be more specific as to the scope of appeals that may be taken from administrative tribunal decisions and the breadth of the court's role on appeal.
A lingering uneasiness remains over the perceived risk that Tribunals may permit the administrative role of legal assistants to become unsupervised, or, even worse, to morph into that of a delegated decision maker.
Before long, it was clear that the rules of evidence play substantially different roles in access to justice depending on the sphere of the legal system (i.e. in a criminal court, in an administrative tribunal, in a setting of self - represented individuals, in mediation, etc.).
In recent years, change in the Canadian legal landscape has been fuelled by two dominant factors: first, the growing influence of constitutional concerns, including federal / provincial division of powers issues and a variety of matters arising from the Charter of Rights and Freedoms, and second, the burgeoning number and power of Charter - oriented administrative tribunals that play an increasingly influential role in our complicated, interest - based society.