Administrative Tribunals In Canada

992 Words2 Pages
bulb-icon

Recommended: Constraints on the powers of the Canadian PM

As disputes are inevitable in any society, it is important for people to always improve the solutions to disputes. Usually, when a dispute becomes severe and unsolvable simply by negotiation, two parties will go to court for better solutions. In Canada, we have 2 systems that run parallel: administrative tribunal and the court system. However, administrative tribunals are not part of the court system; instead they are independent government agencies which are established under legislation (either federal or provincial) to implement legislative policy. Unlike court where the judge makes decision based on common law, administrative tribunals are less formal. Members of administrative tribunals, compared with judges in courts, are more specialized and professional about the topic they are about to solve. There are many administrative tribunals in Canada, such as Immigration and Refugee Board of Canada (IRB) which is responsible for making decisions on immigration and refugee matters. Members of the IRB are specialists on immigration law. …show more content…

Her majesty the Queen is the monarch while the prime minister’s power is kept within the boundaries of Canada’s constitution. As a former colony of the UK, Canada’s government is divided into 3 branches: the executive branch, the legislative branch, and the judicial branch. The executive branch carries out the government business, manages actions, and performs operations and implements law of Canada. The legislative branches make and debate the laws. The judicial branches decide who broke the law and correspondent punishment. Although the laws are passed by the legislative branches, the rules of law apply to all. That is to say, the government, all agencies, and all citizens must follow the

Show More
Related

  • Phoenix Pay System Case Study

    1381 Words  | 3 Pages

    The governor general, who assigns judges of the federal courts and advises the prime minister as well as accomplishing those duties of the prime minister. The prime minister has power to assign and fire Cabinet ministers, and hundreds of other federal government office holders. The Crown Corporation that is established by the Government of Canada.

    Read More

  • Canadian Justice System Case Study

    1259 Words  | 3 Pages

    The Canadian justice system, although much evolved, is having difficulty eliminating bias from the legal system. Abdurahman Ibrahim Hassan, a 39 year old man, died on June 11 in a Peterborough hospital, while under immigration detention. He came to Canada in 1993 as a refugee and was suffering from mental, and physical health issues such as diabetes and bipolar disorder. There was an overwhelming amount of secrecy surrounding the death of this troubled Toronto man, and to this day no light has been shed on this tragedy. (Keung, 2015) An analysis of the official version of the law will reveal how race class and gender coincide with the bias within the legal system.

    Read More

  • The Six Basic Principles Of The Canadian Constitution

    578 Words  | 2 Pages

    The next important principle of the Canadian Constitution is the judicial review. The judicial review is the power of the executive branch of government (Dyck 12). Essentially, the judicial review states that any law that the government makes, can be struck down by the Supreme Court if it violates the Canadian Constitution (Dyck 401). This is a prime example how the judicial review protects the rights of

    Read More

  • The Quasi-Legislative Effect of the Supreme Court of Canada

    2332 Words  | 5 Pages

    ... of the judiciary as being one separate from government, in a non-political capacity whose purpose is not to question the acts of government, but rather to be the mediator when dispute arise (McLachlin, 2009). Clearly, McLachlin captures the essence of what the judiciary is. The Supreme Court of Canada is one of the most visible and trusted political institutions, which has shaped the country’s political arena. In practice, the Supreme Court of Canada does have a quasi-legislative effect on public policy.

    Read More

  • Canadian Democracy: A Lack of Transparency and Accountability in Canadian Politics

    1395 Words  | 3 Pages

    In Canada there are three branches of government: the executive branch which enforces Canadian laws and carries out government business; the legislative branch which debates and passes laws; and the judicial branch which interprets the laws and dictates how punishment should be carried out. In parliamentary government the executive branch is drawn from the legislative branch and is responsible to it. The responsibility lies in the fact that the government must have the confidence (or majority support) of the House of Commons in order to remain in power and this confidence is assured through party discipline; in other words, the party expects their Members of Parliament (MP’s) to vote the way the party votes.

    Read More

  • The Prime Minister of Canada

    1908 Words  | 4 Pages

    The Prime Minister of Canada is given much power and much responsibility. This could potentially create a dangerous situation if the government held a majority and was able to pass any legislation, luckily this is not the case. This paper will argue that there are many limitations, which the power of the prime minister is subject too. Three of the main limitations, which the Prime Minister is affected by, are; first, federalism, second the governor general and third, the charter of rights and freedoms. I will support this argument by analyzing two different types of federalism and how they impact the power of the Prime Minister. Next I will look at three of the Governor Generals Powers and further analyze one of them. Last I will look at the impact of the charter from the larger participation the public can have in government, and how it increased the power of the courts.

    Read More

  • The Monarchy in Canada

    733 Words  | 2 Pages

    Too most the British Monarchy in Canada’s government is merely regarded as ceremonial, symbolic and not something that actually holds power. Firstly, the British Monarchy’s power’s consists of just watching over traditions and seeing if there is an abuse in power. There powers do not affect the Canadian citizen’s life in any way. Secondly, in Canada the Monarchy’s biggest symbol is the royal family but most people consider more than 6 other Canadian symbols more important than the royal family. This sh...

    Read More

  • The Canadian Judicial System

    1184 Words  | 3 Pages

    This raises questions regarding the candidacy of those being appointed to serve in the judiciary because such individuals might support the interests of the sitting government. For instance, they can utilize the abilities bestowed upon them by the Charter to change laws for the purpose of furthering the agenda of the government (Riddell, Hausegger, and Hennigar 69). Also, such appointments suggest that individuals serving in the judicial system might be less qualified than those who miss out on such selection due to their non-partisan stands. This might affect service delivery because competency is a crucial component of serving justice. Similarly, the tendency of some judges appointed in the judicial system of donating funds to political parties will undermine the independence of the courts leading to serving political interests even in matters of significant public concern (Riddell, Hausegger, and Hennigar 55). Consequently, the issue of patronage remains a critical challenge for the next decade. The reason could be that the commissions or committees that are set to address this problem are not detached from political influence. Mr. Hassan, an engineer and former president of the Ontario Advisory Council on Multiculturalism and Citizenship said that“potential candidates from aboriginal or visible-minority communities are deterred

    Read More

  • Essay On The Court System

    1988 Words  | 4 Pages

    Throughout the years there has been limitless legal cases presented to the court systems. All cases are not the same. Some cases vary from decisions that are made by a single judge, while other cases decisions are made by a jury. As cases are presented they typically start off as disputes, misunderstandings, or failure to comply among other things. It is possible to settle some cases outside of the courts, but that does require understanding and cooperation by all parties involved. However, for those that are not so willing to settle out of court, they eventually visit the court system. The court system is not in existence to cause humiliation for anyone, but more so to offer a helping hand from a legal prospective. At the same time, the legal system is not to be abuse. or misused either.

    Read More

  • Pros And Cons Of The Canada Parliamentary System

    1118 Words  | 3 Pages

    Canada runs on a democratic model of governing based on the British parliamentary system. Its parliament is thus divided into two chambers: the House of Commons and the Senate. Elected politicians are seated within The House of Commons while the Senate occupies qualified citizens which are appointed by the Prime Minister. Parliament’s purpose is to hold responsibility for passing legislations and the choosing of government, referring to the political party with the largest amount of seats. Depending on the results of the election, Canada has the potential of having either a majority, minority or in the rare case a coalition government. Customarily, an election in Canada usually ends up forming a majority government. The party with more than

    Read More

  • The Prime Minister of Canada

    2331 Words  | 5 Pages

    The Prime Minister of Canada has an integral role within the Canadian parliament. In the political Parliamentary system of Canada, the Prime Minister wields the executive responsibility. He is accountable for an assortment of administrative, managerial, and supervisory decisions in effect across the country. The executive role is the branch of government that is generally responsible for creating laws, and enforcing the regulations to ensure these laws are observed.

    Read More

  • Government: Canada And China

    698 Words  | 2 Pages

    Canada has a central government designed to deal with the country as a whole. Things like national defense, banking, currency, and commerce are controlled by the central government. All other matters are left to the provinces to deal with. Such as education, hospitals, and civil rights are responsibilities of the states. The Canadian Parliament consists of two houses. Their Senate is made up of 104 members who serve until the age of seventy-five.

    Read More

  • Canada's Supreme Court Appointment Process

    1749 Words  | 4 Pages

    Canada's Supreme Court Appointment Process By Tiana Khan Introduction The Supreme Court of Canada is the uppermost court in Canada and also the final Court of Appeals in the Canadian justice system and as a result, plays an essential role in the improvement of the laws in Canada. The selection of Judges for the Supreme Court of Canada is an important process and the criteria for the appointment of Judges is a prescribed process that is set out in the Supreme Court Act, R.S.C. 1985, c. S 26, as follows: In order to be eligible for appointment to the Supreme Court of Canada, a candidate must be: (1) a current judge of a superior court of a province, including courts of appeal; (2) a former judge of such a court; (3) a current barrister

    Read More

  • A Comparison and contrast of Canadian Prime Ministers

    1212 Words  | 3 Pages

    The Prime Minister of Canada is the head of government and is appointed by the Governor General. Canada is the northern neighbor to the United States, and the Queen of England is its head of state. These powerful countries being so closely tied to Canada makes it a major player on the world stage, and gives considerable power to its Prime Ministers. There have been twenty-two Prime Ministers, with John Diefenbaker being the thirteenth, serving from 1957-1963, and Pierre Trudeau the fifteenth, who served 1968-1979 and again 1980-1984. Diefenbaker was a progressive conservative, a right-center group associated with British imperialism.

    Read More

  • Collective Bargaining Agreements

    1667 Words  | 4 Pages

    ... with the aggrieved worker and representative meeting with the supervisor involved, followed by an appeal system with strict time limits and ultimately ending in binding arbitration. When management and the union cannot resolve a grievance submitted by a union, the union must decide whether to proceed to the final step of the grievance procedure: arbitration. Arbitration is an adversary proceeding like a trial in court. An arbitrator’s function is usually to interpret the collective bargaining agreement between the parties, not to apply his or her standards of what is right in a given situation. The courts have sought to compel labour and management to a peaceful resolution of grievances through arbitration. The Supreme Court has given support to the arbitration process in a series of decisions, and judicial deferral to arbitration has become a basic tenet of national labour policy.

    Read More

More about Administrative Tribunals In Canada

Open Document