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

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?

Accepted Answer

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

Answer

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?

Accepted Answer

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

Answer

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?

Accepted Answer

Certiorari

Answer

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'?

Accepted Answer

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

Answer

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.

NCA Exam Practice Test

NCA Exam Practice Test

NCA Administrative Law 2