You are representing your client at a hearing to determine the validity of a liquor license suspension. Shortly before the hearing you discover that the investigator who recommended that your client's liquor license be suspended is also responsible for appointing members of the hearing panel that will decide your client's case. Explain what arguments you can make on the issue of bias?

1. You are a paralegal representing a police officer at a disciplinary hearing. The hearing takes place over several days and every day the prosecutor and the panel members have a private lunch to the exclusion of you and your client. The panel members also interrupt your cross-examination of several witnesses and appear to give the prosecutor wider latitude with her examination of witnesses. You would like to raise the issue of bias. Why is it necessary to raise the question of whether there is an appearance of bias as early as possible?
2. You are a paralegal representing a neighbourhood association that is opposing a rezoning application by a local developer to build a high-rise apartment in their community. One of the panel members that will decide on the rezoning application is a city councillor who recently fought a difficult and expensive re-election campaign. The day before the hearing you learn that the developer contributed heavily to the councillor's re-election campaign. What is the best approach to have the panel member removed?
3. You are representing your client, Colin, at the Assessment Review Board which hears appeals about property assessments. You would like to bring a motion on behalf of your client requesting the appointed adjudicator to step down for an alleged conflict of interest. Who will hear the bias application?
4. If the adjudicator ruled against your client's bias application in the above fact pattern, what recourse would you have?
5. You represent a physician, Dr. X, before his disciplinary hearing at the College of Physicians and Surgeons. Your client is being disciplined for using recreational pharmaceuticals on patients that have been not been approved by Health Canada. One of the panel members is a regular contributor to a medical journal who has written articles opposing the use of this medication in treatment. What arguments will you raise in your motion, on behalf of your client, to exclude a panel member?
6. You are a full-time member at an administrative tribunal. During a hearing, one of the parties raises the fact that 10 years earlier, when you were a practicing paralegal, you attended a meeting where the case before the tribunal was briefly discussed. You have no recollection of this meeting or the case currently before you. The hearing is almost finished. You do not feel it is in the best interest of any of the parties for you to step aside. Explain how you could address the allegation of bias, if you wished to proceed as the adjudicator?

REVIEW

•  Branches of Canadian Govt: Legislative/ Parliament, Judicial, executive.
 
•  Three levels of legislative powers of the Govt: Federal, Provincial , Municipal
 
•  Alternative to Governments:ABC: Agency, board, commission. a.k.a (Arms of executive branch).
 
• Multiple Functions of agency
 
• Functions of Boards/ Tribunals, Commission/ agencies
 
•  Administrative Law: 3 components: 1) principle of law govern. Admin. Law; 2) By laws, rules and regulations 3) Legal Remedies
 
• Statute; by laws; regulations; common law / stare decisis/ case law
 
• Judges vs. Tribunal members
 
• Adversarial vs. Inquisitorial
 
• . Agencies derive the power from the statute that creates it..e.g Immigration and Refugee Board drives powers from Immigration and refugee Act.
 
• Tribunal/ agency Quasi -judicial Tribunal
 
• Six Fundamental Principles of Administrative Law
 
• Sub delegations - may only by enabling legislation
 
• Rule of Natural Justice
 
• Component of Procedural Fairness
 
•  Procedural Fairness: 5 Pillars of Procedural Fairness .The main to pillars The Right to be heard, the right to unbiased decision maker. The Baker Case
 
•  Bias: Personal bias vs. institutional bias, actual bias, indirect bias, apprehension of bias
 
• Exparte hearing and decision
 
•  Procedure Guideline: Ontario Statutory Power and Procedure, Alberta Procedure and Jurisdiction Act, Quebec Administration Justice Act, British Columbia Administrative Tribunals Act 
 
•  Three reasons for creation of Agencies/ Tribunals/ Board: independence, reduce work load, expertise, costs effective and expedite.
 
• Tribunal vs. Courts
 
•  ADR: Alternative Dispute Resolution: Negotiation, Arbitration, Mediation

Other than conflict of interest, what are some other sources of bias or perceived bias?

1. Describe the difference between impartiality and independence of a decision maker, according to the Supreme Court
2. What is required for judges to meet the constitutional requirement of judicial independence? How do these factors relate to determining whether a tribunal is impartial?
3. Describe what is meant by the term reasonable apprehension of bias?
4. What are three things courts may consider in determining whether an agency-government relationship contributes to institutional bias?
5. What are some examples of built-in biases that may be required by statute and thus serve as an exception to the requirement of institutional impartiality?
6. What are the two elements of impartiality?
7. What factors need to be considered in determining whether there is institutional bias in an agency or tribunal?
8. Why are administrative tribunals not constitutionally required to be independent?

 

Answer rating: 100% (QA)

Answer Here are the key points to address the issues of bias in the given scenarios 1 Investigator Appointing Hearing Panel Argue that the investigato... View the full answer