LGST 2220 Value: 30%
Written Assignment – Tribunal Report
For this assignment I want you to write about an administrative tribunal of your choice. There are many administrative tribunals, and some of the major ones include:
· BC Human Rights Tribunal
· Labour Relations Board
· Workers Compensation Board
· Immigration and Refugee Board
Normally I would ask you to attend a hearing of your chosen tribunal, but because of the COVID-19 pandemic that isn’t possible. Instead, I am just asking you to research your chosen tribunal and write a brief paper about that tribunal. You should include at least the following considerations in your paper:
· Are the tribunal’s decisions protected by a privative clause? If so, how common is it for courts to review the decisions of that tribunal?
· What is the process for having the tribunal’s decisions reviewed by a court? Is it judicial review, or is there a statutory right of appeal?
· How would you describe the standard of procedural fairness the tribunal is expected to follow: high, low, or somewhere in between? In answering this, look at and discuss things like:
o Is there a right to representation (can a person be represented by a lawyer, for example)?
o Are the hearings open or closed (and if they are closed, is this common)?
o Are there strict and coa1mplicated rules of evidence, or are there relatively few rules of evidence (the latter indicates fairly informal proceedings)?
o Does the tribunal provide reasons for decision (and if so, are they comprehensive or brief? Are they published?)?
· How busy is this tribunal – how many cases might it hear in a year, for example?
This is not a traditional research paper; in some ways it is more of a “report”. However, you will have to do some research. For example, you will have to look at the statute under which the tribunal is established and operates to find out about statutory rights of appeal, or privative clauses. Also, to find out about the standard of procedural fairness you will have to find the rules or policies of the tribunal; these are likely to be found on the tribunal’s website.
Since this is not a traditional research paper, you won’t have to spend a lot of time reading academic books and articles. Your research will be more practical – you will need to look at relevant websites (for the tribunals, or the college) to find much of the information you need. You will also need to look at a few important statutes. You should be able to find most, if not all, of the information you need on-line.
Your paper should end up being about 1000-1400 words. To the extent you are referring to information or opinions that are not your own you will need to use some form of referencing. I am not marking you on your ability to use a perfect referencing format. However, I do want you to use footnotes (not APA) to provide me with any reference information. You do not need to provide any kind of bibliography or reference page at the end of the paper (since all of that information should be found in your footnotes)
Papers will be marked for both content and style (grammar, spelling, etc.) equally.
If you have any questions about any of this, please do not hesitate to ask me in person or by e-mail
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