Ch9 Test Bank Docx Administrative Law The State And Its Duty

Chapter 9

Administrative Law: The State and Its Duty to Be Fair

TRUE/FALSE

1. In Khosa v. Canada, it was demonstrated that administrative tribunals are not subject to judicial review.

2. The comprehensive legislation that defines administrative law is the Contraventions Act.

3. There is no one statute or code that establishes the branch of law referred to as administrative law.

4. The onus on the government to act in accordance with the principles of administrative law was guaranteed with the enactment of the British North America Act.

5. The duty to act fairly in the practice of government exists at common law and because of the Charter of Rights.

6. At the heart of administrative law is the concept that the government has a duty to act fairly with its citizens.

7. Pursuant to the British North America Act, parliament and the provincial legislatures have the authority to set up administrative agencies that deal with matters within the sphere of jurisdiction of the other level of government if there is not an administrative agency established to act there already.

8. Interdelegation is not allowed if the receiving authority is also mandated to re-delegate authority to a further decision-making body.

9. The key to classifying an administrative tribunal is its form, not its obligations.

10. After the enactment of the British North America Act administrative law became a statutorily protected derivative of constitutional law.

11. When administrative action is ‘ultra vires,’ it is subject to judicial review.

12. Technical defects, which cause a tribunal to operate outside of its delegation are considered intra vires that body.

13. In Thomas v. Mount Saint Vincent University the application for judicial review was for an order that a court review the refusal of tenure decision on the basis of whether the process was fair.

14. The term ultra vires means that the enactment was within the jurisdiction of the body enacting it.

15. Justice Holland held in Re Sheehan and the Criminal Injuries Compensation Board that he had the jurisdiction to judicially review the case because the legislation implicitly, though not explicitly, required the Board to exercise its discretion in accordance with the principles of fairness.

16. Tribunals with discretionary power can, in good faith, determine which factors are relevant to the exercise of their powers

17. The Supreme Court of Canada has recently ruled on what constitutes procedural fairness in the appeal of Re Sheehan and the Criminal Injuries Compensation Board.

18. In Re Sawyer and the Ontario Racing Commission an application for judicial review was made to the court because the lawyer who acted as prosecutor for the Racing Commission in the hearing about Sawyer’s racing suspension wrote the decision for the commission ordering the suspension.

19. The principles of natural justice to which a commission or tribunal must adhere include that the parties to a dispute have a right to a speedy hearing, a public hearing, and the absolute right to be represented by a lawyer.

20. The reason that the principles of natural justice are not elaborated in a particular statute is that these principles are intrinsic to our notions of justice and fairness and have been a part of our legal system for at least 2,000 years.

21. The nemo judex rule forbids bias and the appearance of bias in the proceedings of an administrative body.

22. Section 7 of the Charter of Rights and Freedoms requires that administrative bodies follow the principles of natural justice.

23. In Dunsmuir v. New Brunswick the Supreme Court of Canada determined that where deference to the administrative decree maker is intended, the court will rule under the basis of correctness.

MULTIPLE CHOICE

1. Which statement best defines administrative law?

a. Administrative law is a form of public law.

b. Administrative law is a form of private law.

c. Administrative law is a form of contract law.

d. Administrative law is a form of corporate law.

2. Which statement best describes the purpose of administrative law?

a. It exists as a means to determine if the government has been properly elected.

b. It exists as a means to determine if the government is fulfilling its obligation to act fairly.

c. It exists as a means to determine if the government is fulfilling its obligation to act fiscally responsible.

d. It exists as a means to determine if the government has been enacting laws in accordance with

their election promises.

3. Interdelegation is subject to what limitations?

a. Not all authority can be delegated to the inferior tribunal and no further delegation is allowed.

b. Provinces can opt out of the process and re-delegation is not permitted.

c. Delegation must have a sunset clause and be subject to revocation at will.

d. It cannot affect both levels of government nor can it impose any orders reviewable by a court.

4. The process of interdelegation allows the federal government to delegate some of their authority. To which of the following can this authority be delegated?

a. the Senate

b. the municipal councils

c. the tribunals in the jurisdiction of the provinces

d. the commissions within their own sphere of jurisdiction

5. Which constitutional rules restrict interdelegation?

a. Full power cannot be given to the inferior tribunal which itself cannot further delegate.

b. Inferior tribunals must be constituted jointly by the federal and provincial enabling statute.

c. The delegation of power is governed by the divisions set out in sections 91 and 92 of the Constitution.

d. Interdelegation can only be permitted when all aspects of the tribunal’s objects are both federal and provincial sphere of government.

6. How is administrative law perceived in comparison to constitutional law?

a. Administrative law is more dynamic.

b. Administrative law is more user-friendly.

c. Administrative law is more complicated.

d. Administrative law is more static.

7. Which statement best explains how a quasi-judicial administrative agency can act?

a. It can only act legislatively.

b. It can only act judicially.

c. It can only act to review decisions.

d. It can act legislatively and judicially.

8. In the 1970s, administrative tribunals were classified as which of the following?

a. the purely administrative tribunal and the administrative tribunal

b. the judicial or quasi-judicial tribunal

c. the fully legislative tribunal

d. all of the above

9. To which of the following did Dr. Thomas, in Thomas v. Mount Saint Vincent University, bring an application for judicial review?

a. the Nova Scotia Labour Relations Board

b. the Nova Scotia Supreme Court

c. the University Ad Hoc Appeals Committee

d. the Committee on Appointment, Rank, Promotion and Tenure (CARPT)

10. Which of the following denied Dr. Thomas tenure in Thomas v. Mount Saint Vincent University?

a. university president

b. university senate

c. university ad hoc appeal committee

d. Committee on Appointment, Rank, Promotion and Tenure (CARPT)

11. Which statement best defines a writ of certiorari?

a. A writ of certiorari requests that the applicant must attend a hearing in person.

b. A writ of certiorari requests that a government employee perform their statutory duty.

c. A writ of certiorari requests that an organization should cease its activities pending a trial.

d. A writ of certiorari requests that the record of an administrative tribunal be reviewed by a court to determine if there were any irregularities in the decision making process.

12. The court in Thomas v. Mount Saint Vincent University found that the decision of the university president was improperly made. Why was the decision improperly made?

a. The appeal process established by the university’s manual was biased.

b. The appeal process established by the university’s manual was not an appeal process at all.

c. The appeal process established by the university’s manual should have been made by CARPT.

d. The appeal process established by the university’s manual was ultra vires the jurisdiction of the university president.

13. Which statement best describes the Supreme Court’s decision in Saumer v. City of Quebec?

a. The decision of the City of Quebec to make the distribution of literature on the streets subject to the permission of the chief of police was made without quorum.

b. The decision of the City of Quebec to make the distribution of literature on the streets subject to the permission of the chief of police a decision was not valid because some of the decision makers were not appointed pursuant to the requirements of the enabling statute.

c. The decision of the City of Quebec to make the distribution of literature on the streets subject to the permission of the chief of police a decision was an illegal delegation of authority to the police force.

d. The decision of the City of Quebec to make the distribution of literature on the streets subject to the permission of the chief of police a decision was an attempt by the police force to appropriate funds.

14. Why was it alleged that the administrative decision of the Board was improper in Re Sheehan and the Criminal Injuries Compensation Board?

a. The decision was improper because it had a technical defect due to an illegal allocation of compensation to Sheehan.

b. The decision was improper because the Board committed an abuse of process by considering irrelevant facts in its decision.

c. The decision was improper because there was an apprehension of bias in the way that the decision was imposed.

d. The decision was improper because the Board refused Sheehan an adjournment to properly prepare his case.

15. The Court of Appeal overturned the decision of Mr. Justice Holland in Re Sheehan and the Criminal Injuries Compensation Board. Which statement best explains why the Court of Appeal ruled in this way?

a. The appellate court concluded that the court could not review a decision of the Board if the decision was fair.

b. The appellate court concluded that the court could not review a decision of the Board if the decision was reasonable.

c. The appellate court concluded that the court could not review a decision of the Board if it concerned an inmate of a federal penitentiary.

d. The appellate court concluded that the court could not review a decision of the Board if it was made within the scope of the Board’s jurisdiction.

16. In Baker v. Minister of Citizenship and Immigration, Madame Justice L’Heureux-Dubé concluded that a reasonable, well-informed member of the community would think that the immigration officer’s decision was based on his imposition of stereotypes into his decision. What was the basis for L’Heureux-Dubé’s decision?

a. her interpretation of a person’s right to know the case being made out against them

b. her interpretation of a person’s right to have their decision made openly and subject to rebuttal

c. her interpretation of a person’s right to be free from discrimination on the basis of race and country of origin

d. her interpretation of a person’s right to have a decision made without there being concern that the decision maker was biased

17. What are two key principles of natural justice?

a. remedies and orders

b. natural law and philosophy

c. political correctness and public policy

d. audi altrem partem and nemo judex vel suis jus decree debet

ANS. D

18. What are the four principles of procedural fairness that should be incorporated in administrative decisions?

a. due process, excess of jurisdiction, the doctrine of fairness, and natural justice

b. due process, excess of jurisdiction, the doctrine of fairness, and technical defects

c. due process, excess of jurisdiction, natural justice, and technical defects

d. excess of jurisdiction, natural justice, technical defects, and the doctrine of fairness

19. Which statement best explains Mr. Justice Thurlow’s decision in Re Howard and Presiding Officer of Inmate Disciplinary Court of Stony Mountain Institution?

a. Section 7 of the Charter of Rights and Freedoms guarantees a right to counsel whenever an administrative tribunal can make a decision affecting a person’s rights.

b. Section 7 of the Charter of Rights and Freedoms guarantees a right to legal aid.

c. Section 7 of the Charter of Rights and Freedoms guarantees a right to counsel when necessary if the circumstances of the case justify this need.

d. Section 7 of the Charter of Rights and Freedoms guarantees a right to counsel in all cases concerning the rights of prison inmates.

20. Which statement best describes the issue in the case of Dr. Q. v. College of Physicians and Surgeons of B.C.?

a. The issue was whether Dr. Q. was qualified.

b. The issue was about the role of reviewing courts in determining the correct standard of review.

c. The issue was whether sexual misconduct occurred

d. The issue was whether the college had the authority to discipline Dr. Q.

21. What have the courts generally held regarding section 7 of the Charter and administrative law?

a. Fundamental justice equals natural justice.

b. This law applies only to common law.

c. The validity of the Charter can be challenged.

d. Section 7 prohibits something more than procedural injustice.

ESSAY

1. What is the guiding principle of administrative agencies? How is it applied by Canadian administrative agencies and tribunals?

2. What is an administrative tribunal and how does it work? What powers does an administrative tribunal have? Are they different from courts of law and if so how, and why?

3. Describe the general grounds for judicial interference in administrative tribunal actions. Give examples.

4. What problems are inherent in administrative law? How were these problems demonstrated in Thomas v. Mount Saint Vincent University? How could these problems have been avoided in this same case?

5. A problem that arises with respect to administrative law occurs when the tribunal abuses its discretion. Did this occur in the case of Re Sheehan and the Criminal Injuries Compensation Board? Could any abuses committed by the tribunal have been avoided? If so, how?

6. Despite the vital role played by administrative tribunals in Canada, the authority over legal interpretation rests with the courts. If a court is asked to conduct a review of an administrative decision it must determine if a tribunal’s decision has been made in accordance with the principles of natural justice. What are these principles and how do they operate? What will a court do if it finds that the principles of natural justice have not been complied with? Are you aware of any cases where this was done? Explain.

7. How did the enactment of section 7 of the Canadian Charter of Rights and Freedoms challenge the structure of administrative law? Provide case law support from the text for your answers