NCA Administrative Law 2

Question 1

A statutory tribunal denies a claimant's application without giving any reasons. Which principle of administrative law is most directly violated?

Accepted Answer

The duty to give adequate reasons as part of procedural fairness

Answer

The principle of legality

Answer

The rule against fettering discretion

Answer

The principle of legitimate expectations

Question 2

The doctrine of legitimate expectations in Canadian administrative law operates in which domain?

Accepted Answer

Procedural fairness—it can enhance the level of procedure required based on prior representations

Answer

Substantive law—it can grant substantive rights beyond what statute provides

Answer

Standard of review—it mandates correctness review

Answer

Standing—it allows anyone with an expectation to seek judicial review

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?

Accepted Answer

A breach of procedural fairness for failure to provide an opportunity to respond to adverse credibility findings

Answer

A reviewable error on the merits under reasonableness review

Answer

Acceptable because immigration officers have broad discretion

Answer

Valid if the officer provided written reasons after the fact

Question 4

Which prerogative writ compels an inferior tribunal to produce the record of its proceedings for review by a superior court?

Accepted Answer

Certiorari

Answer

Mandamus

Answer

Prohibition

Answer

Habeas corpus

Question 5

What does it mean for an administrative tribunal to 'fetter its discretion'?

Accepted Answer

To rigidly follow a policy without considering the individual circumstances of the case before it

Answer

To exercise its discretion in a manner that causes harm to the applicant

Answer

To make a decision influenced by extraneous considerations

Answer

To exceed its statutory jurisdiction

Question 6

Under the Federal Courts Act, which court has jurisdiction to review decisions of federal boards, commissions, and tribunals?

Accepted Answer

The Federal Court, with appeal to the Federal Court of Appeal

Answer

The Supreme Court of Canada on direct application

Answer

The provincial superior courts only

Answer

The Tax Court of Canada for all federal matters