Administrative law is comprised of legal rules and common law principles, which govern the conduct of administrative tribunals. Administrative tribunals are meant to provide a less formal, decision-making process that is more efficient and flexible than the traditional court system. Nonetheless, tribunals cannot act beyond their legal authority or jurisdiction, and must adhere to the principles of procedural fairness.
Components of Procedural Fairness
Meaningful Participation
The parties also have the right to meaningful participation in the hearing process. This usually means they have an opportunity to be heard, present their side of the story or dispute the other side’s story. They should be allowed to present evidence and argument. Depending on the type of decision, this could be done through writing, phone, video or an in-person hearing.
Right to Know the Case
The Appellant and Respondent (the “parties”) should be advised of the information that will be used by the tribunal in making its decision. Disclosure is integral to a party’s right to know the case to be met. Disclosure includes the names of possible witnesses, and any documents or other materials submitted by the parties.
Right to Call Witnesses
At a hearing, the parties are generally entitled to call witnesses to give evidence that supports their case.
Witnesses should be able to provide the Tribunal with direct evidence (preferably first-hand knowledge of the facts) about your case.
Right to Cross-Examine Witnesses
Both parties can ask questions of the other side, including the other party’s witnesses. This right is especially important in cases where the tribunal must determine the facts of the case because there are different views of the facts, the alleged violation is under dispute, and/or the issues are adversarial.
Right to Representation
Parties may be represented by legal counsel, or an advisor such as a friend, a peer, or an advocate.
Decisions & Reasons
Impartial Decision Maker
An impartial decision maker means that the Tribunal members who decide the case will be unbiased and will make a decision based only on the arguments and evidence presented at the hearing. It also means that the Tribunal members cannot have (or appear to have) any personal connection with the parties or any personal interest in the outcome of the case.
Decision and Reasons
The Tribunal that hears the parties’ submissions during the hearing must be the person who decides the case.
The decision maker must give sufficient reasons for the decision. This helps the parties understand how the adjudicator came to that decision. What amounts to sufficient reasons depends on the type of decision. Generally, the more important the decision, the more thorough the reasons given are and are often in writing.