Class 8 law 101

Overview of Administrative Agencies and Departments

• Administrative Agencies: Organizations responsible for the oversight and regulation of specific areas, such as the CRTC (Canadian Radio-television and Telecommunications Commission).

  • Direct Control: They operate independently but are ultimately accountable to the government and the minister in charge.

  • Rule Making: Agencies create regulations which are binding legal rules that govern society.

• Departments: Often similar in function to administrative agencies, but under the direct control of a minister.

  • Example: The Department of Health manages the regulations surrounding healthcare services and policies.

Functions of Administrative Agencies

• Policy Making: Agencies are responsible for developing and implementing policies relevant to their domain.

• Rule-Making Role: Agencies create regulations which have the force of law.

  • Legislation Delegation: Legislation may delegate authority to make regulations to agencies or departments, allowing them to create binding rules without further legislative approval.

• Adjudication: Many agencies have the authority to make decisions and orders based on hearings related to their jurisdiction.

  • Limitations: Agencies can only act within the bounds of authority granted to them by legislation.

  • Example: The CRTC can adjudicate cases about telecommunications based on powers granted under its enabling act.

Types of Authority and Decision Making

• Discretionary Decisions: Agencies may receive powers outlined in legislation that allow them to decide various matters at their discretion (use of the term "may").

  • These decisions are not absolute and must align with the bounds set by legislation.

• Jurisdiction of Administrative Agencies: They can exercise their powers only when authorized by law; they do not operate independently of legislative constraint.

Immigration and Refugee Decision-Making Structure

• Minister of Immigration, Refugees and Citizenship: Heads the IRCC, overseeing immigration policy and regulations.

• Immigration and Refugee Board: An independent tribunal that adjudicates immigration claims.

  • Adjudicatory Decisions: Officials within IRCC evaluate claims, while the Board reviews appeals and can have additional layers of review for difficult cases.

  • The IRPA (Immigration and Refugee Protection Act) outlines the authority of the minister to make humanitarian decisions.

Case Study: The Baker Case

• Background: Involves a refugee claimant who overstayed her visa and had Canadian children. She was ordered to be deported but sought exemption on humanitarian grounds.

• Decision Process: Initially denied, the case was taken to the Supreme Court of Canada which overturned the decision, emphasizing the need for proper consideration of the factors in humanitarian applications.

• Legal Precedent: The court ruled that discretion must be exercised within proper jurisdictions; factors must be legally recognized when making discretionary choices.

Roles of the Judiciary

• Primary Functions of Judges:

  1. Dispute Resolution: Resolving legal conflicts between parties.

  2. Interpreting and Developing the Law: Judges are essential for interpreting legislation and developing common law through their rulings.

  3. Protecting Rights: Courts uphold and scrutinize legislation and executive actions against constitutional standards.

Judicial Independence

• Key Principles: Ensures judges operate free from outside pressures, particularly from the government.

  • Security of Tenure: Judges cannot easily be removed from office, offering job security and freedom from government influence.

  • Financial Security: Judicial pay is managed through independent recommendations to prevent governmental manipulation based on judges' rulings.

  • Case Selection: Courts choose which cases to hear without external interference, allowing for genuine judicial independence.

Separation of Powers in Canada

• Unlike the US: The Canadian system possesses a less strict separation of powers, allowing for reference cases where the government asks the judiciary for opinions on pending legislation.

• Advisory Role: The courts may provide advisory opinions, but decisions made are only binding when actual cases are presented, maintaining judicial integrity.