Assignment Task
1} Where there is a need to make a decision that involves a dispute between parties that adversely affects an individual person, the government often establishes a “quasi-judicial” tribunal. Explain how such a tribunal is expected to operate when deciding on these disputes
2) Ebecca graduated from a fire-fighter program at a community college in Ontario two years ago and has been employed with a small-town fire department ever since. Recently, the town fire department brought in a new job requirement that all new recruits must meet to be hired, and all current firefighters must meet within a 3-month period. All firefighters employed by the fire department must be able to carry a 250 lb. dummy for a distance of 50 yards and then up a 50-step staircase.
Given that the average weight of a Canadian male is 177 lbs. Rebecca believes that the new requirement is meant to be discriminatory against her and others. The fire department maintains that it is an acceptable requirement.
Has Rebecca identified a legitimate issue? What would each side argue?
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Get Help Now!3) The newly elected provincial premier was enjoying his weekend at his favourite golf driving range when a man came up to him and started complaining very loudly about the appeal decision on a workplace injury claim he made. The person went on for 15 minutes about how unfair the decision was to him and his family, how bureaucrats did not know what they were doing, and how he had voted for the premier expecting he would clean up the mess that had developed with all these corrupt civil servants. He demanded that the premier take a look at his case and get him the payments he was expecting.
The premier tried to explain that he could not help as he could not get involved in these matters, but it did not satisfy the man. Later, the premier returned to his office and asked his aids to communicate with the man and explain why he could not help. He also asks the aids to remind him why governments delegate these types of decisions to administrative tribunals. What would the aids tell the premier?
4) It has been said that all tribunals are agencies, but not all agencies are tribunals. When is a government agency required to act as a tribunal?
5) In your own words, what are the limits that Administrative Law places on the right of decision-makers to decide among different options?
Please provide examples.
6) Explain sub-delegation and give an example were it is permitted
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