NCA Administrative Law 2 — Questions and Answers
Question 1: A statutory tribunal denies a claimant's application without giving any reasons. Which principle of administrative law is most directly violated?
- The principle of legality
- The duty to give adequate reasons as part of procedural fairness (Correct answer)
- The rule against fettering discretion
- The principle of legitimate expectations
Correct answer: The duty to give adequate reasons as part of procedural fairness
Baker v. Canada [1999] held that the duty of fairness may require written reasons in some circumstances, particularly when significant individual interests are at stake. Where reasons are required, their adequacy is also reviewable.
Question 2: The doctrine of legitimate expectations in Canadian administrative law operates in which domain?
- Substantive law—it can grant substantive rights beyond what statute provides
- Procedural fairness—it can enhance the level of procedure required based on prior representations (Correct answer)
- Standard of review—it mandates correctness review
- Standing—it allows anyone with an expectation to seek judicial review
Correct answer: Procedural fairness—it can enhance the level of procedure required based on prior representations
Canadian courts (following Baker) recognize legitimate expectations as a procedural doctrine: if the government has made clear and unambiguous representations about the procedure it will follow, the person may be entitled to that procedure. Unlike in some Commonwealth countries, Canadian courts do not recognize substantive legitimate expectations.
Question 3: An immigration officer decides a refugee claimant lacks credibility without providing the claimant an opportunity to address the officer's concerns. On judicial review, how would a court likely characterize this?
- A breach of procedural fairness for failure to provide an opportunity to respond to adverse credibility findings (Correct answer)
- A reviewable error on the merits under reasonableness review
- Acceptable because immigration officers have broad discretion
- Valid if the officer provided written reasons after the fact
Correct answer: A breach of procedural fairness for failure to provide an opportunity to respond to adverse credibility findings
Procedural fairness in immigration decisions (Baker v. Canada) includes an opportunity to know the case to be met and to respond. Failing to put adverse credibility findings to the claimant for response breaches the duty of fairness and is a stand-alone ground for setting aside the decision.
Question 4: Which prerogative writ compels an inferior tribunal to produce the record of its proceedings for review by a superior court?
- Certiorari (Correct answer)
- Mandamus
- Prohibition
- Habeas corpus
Correct answer: Certiorari
Certiorari is the prerogative writ (now typically incorporated into judicial review applications) by which a superior court calls up the record of an inferior tribunal to review for jurisdictional errors or errors on the face of the record. Most provinces now use a unified judicial review application.
Question 5: What does it mean for an administrative tribunal to 'fetter its discretion'?
- To exercise its discretion in a manner that causes harm to the applicant
- To rigidly follow a policy without considering the individual circumstances of the case before it (Correct answer)
- To make a decision influenced by extraneous considerations
- To exceed its statutory jurisdiction
Correct answer: To rigidly follow a policy without considering the individual circumstances of the case before it
Fettering discretion occurs when a decision-maker adopts a blanket policy and applies it mechanically without genuinely considering the merits of the individual case. While tribunals may use policies as guidelines, they must remain open to departing from them when the circumstances warrant.
Question 6: Under the Federal Courts Act, which court has jurisdiction to review decisions of federal boards, commissions, and tribunals?
- The Supreme Court of Canada on direct application
- The Federal Court, with appeal to the Federal Court of Appeal (Correct answer)
- The provincial superior courts only
- The Tax Court of Canada for all federal matters
Correct answer: The Federal Court, with appeal to the Federal Court of Appeal
The Federal Courts Act grants the Federal Court jurisdiction to judicially review federal administrative decisions, with appeals on questions of law to the Federal Court of Appeal and, with leave, to the Supreme Court of Canada.
NCA Administrative Law 2
A statutory tribunal denies a claimant's application without giving any reasons.
Which principle of administrative law is most directly violated?