Exam (elaborations)
IMPART-1ANSWERS) Semester 2 2023 - DISTINCTION.pdf
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IMPART-1ANSWERS) Semester 2 2023 - DISTINCTION.pdf
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8/4/24, 12:32 PMImpartiality and Bias in Law, Enforcement of Tribunal
Orders, Challenging Administrative Decisions: Grounds,
Procedures, Tribunal Decision-Making Procedures
Overview, Conduct Standards Outside Hearing, Evidence
Presentation Principles, Hearing Proces…
Jeremiah
Terms in this set (146)
- Second pillar of procedural fairness, ensuring decision-maker neutrality
- Parties have a right to have their case heard by an adjudicator who is impartial.
Impartiality
- An impartial decision-maker: who is not biased for or against any of the parties would
not be perceived as biased by a reasonable and well-informed observer.
Individual Impartiality Decision-maker free from personal bias
Institutional Impartiality Tribunal structured to avoid favoritism towards any party
Actual Bias Decision-maker's existing bias affecting case judgment
Reasonable Apprehension of Bias Appearance of bias to a well-informed observer
Conflict of Interest Incompatible interest with tribunal role
Indicators of Bias Signs like meeting one party alone or expressing strong likes/dislikes
Elements of Institutional Bias Decision-maker's mindset and tribunal independence
Statutory Exceptions Acceptable built-in bias if required by law and not unconstitutional
Agency-Gov't Relationship Impact on institutional bias based on closeness and functions
Appearance of Bias When recommending parties also decide on rights removal
Raising Bias Allegations Early allegation raising, waiver implications
Tribunal Response to Bias Options like assigning a different adjudicator or standing aside
Enforcement of Tribunal Order Process outlined in tribunal's governing statute for compliance
Statutory Powers Procedures Act (SPPA) Legislation in Ontario containing enforcement provisions for tribunal orders
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