Administrative Tribunal Analysis

According to Aristotle “Rule of law is better than rule of any man”. The rule of law is fundamental to a well-functioning society. It ensures fairness in society and formal equality for all its citizens. In Canada, the Constitution is the supreme law of the land. Any laws or actions of government not in accordance with the constitution are unlawful. This ensures that public officials do not abuse their powers. Historically, Courts have been at the forefront of holding public officials responsible for abuse of power, for example in SCC case Roncarelli v. Duplessis. However with the recent rise of Administrative tribunals, this role has been increasingly assumed by administrative tribunals. Administrative tribunals are governed by the body of law called administrative law. This law is referred to as “invisible law” because its affects all aspect of our lives yet we are unaware of its existence. Administrative tribunals are “creatures of statute” and get their authority from their enabling statute. Tribunals have expertise in a specialized area, and are less costly mechanism of dispute resolution. They are more accessible, more flexible, less formal and quicker. Courts are usually deferential to administrative tribunals except if the decisions are are patently unreasonable. The purpose of this overview is to set the framework for the upcoming discussion on the case of Sturgeon Cove. This case provides several issues worthy of deep analysis however for the purpose of this paper, the analysis will be brief …show more content…
They must follow procedure, be fair to citizens and not act in bad faith. The decisions made by public officials must be procedurally fair, and officials are required to provide written reasons for their decisions. This creates transparency and accountability. It is in our interest to enhance transparency and accountability in public matters to avoid arbitrary decision making and abuse of