Lawyers To Help Fight At Administrative Law Tribunals
Many people do not understand the nature of administrative law and administrative tribunals. In part, this confusion is caused by the breadth of variety that Administrative law encompasses. Administrative law covers regulatory hearings, disciplinary hearings, and other quasi-judicial hearings. Recent trends show that these types of matters come up more and more frequently. Consequently, if you are facing an administrative law issue, the administrative law lawyers at Kahane Law Office in Calgary can help.
When Do People Go To Administrative Law Tribunals?
When people feel they have been wronged, they often want to sue or go to court. Many governmental and quasi-governmental bodies have mandated to legislated administrative bodies that an individual must appeal to. Only one they have exhausted the administrative tribunals and / or appeals, can they go to court to have the matter heard. Above all, attempting to seek the courts to hear such matters before using the administrative process will cause the matter to fail. In such instances, a person may face costs awarded against them.
Types of Situations That Administrative Law Includes
Many types of boards, tribunals and disciplinary bodies exist in Alberta (and Canada). The following are the types of situations, and review bodies that our administrative lawyers are able to assist with:
Academic Misconduct Hearings
Frequently, academic misconduct hearings occur when an educational institution accuses someone of cheating. This includes unauthorized copying of exams, plagiarism of student or third party work, submitting someone else’s work as you own, etc.. The consequences of expulsion from an educational institution, such as a university, college, trade school or high school, often impact an individual’s future severely. It is key to ensure that you acquire legal administrative law representation to help fight the professional stigma and academic consequences of an expulsion or suspension from school.
Human Rights Violations
Violation of an individual’s human rights still occur regularly. Employers, government bodies and educations facilities are often the culprits. Human rights lawyers, a subset of administrative law lawyers, fight for people who experience discrimination. The nature of the discrimination varies dramatically. For example they include: religion, mental disability, physical disability, family status, colour, place of origin, age, gender, sexual orientation, race, etc.. In Alberta, the Alberta Human Rights Commission oversees complaints of this nature.
Municipalities, provincial and federal governments, occasionally expropriate property from private owners in order to satisfy that government body’s needs. Most frequently this involves the acquisition of land for some kind of public work. In order to ensure that an private owner receives fair compensation for that which the government expropriates, an administrative law lawyer advocates on that owners behalf. Expropriation is allowed in Canada under such legislation as the Expropriation Act.
Immigration And Refugee Board
The Immigration and Refugee Board in Canada deals with such matters as detention reviews and admissibility hearings. Our administrative law lawyers act both to present an original request for admissibility as well as appeals of prior decisions.
Professional Misconduct Hearings & Disciplinary Hearings
Professional misconduct hearings and disciplinary hearings occur when a professional is accused of breaching professional standards or code of conduct in their own respective industry. For example, the types of professional misconduct hearings heard for professions include:
- Lawyers (LSA);
- Accountants (CPA Alberta);
- Doctors (CPSA);
- Chiropractors (ACAC);
- Physio therapists (PACA);
- Paramedics (ACP);
- Nurses (CARNA);
- Practical nurses (CLPNA);
- Massage therapists (MTAA);
- Real estate agents (RECA);
- Professors and teachers;
- Social workers (ACSW);
- RCMP officers (RCMP External Review Committee); and lastly
- Engineers (APEGA).
Alberta Gaming, Liquor and Cannabis
The AGLC, or Alberta Gaming, Liquor and Cannabis Board is the government body responsible for overseeing and administering the Gaming and Liquor Act. People often require an administrative law lawyer for hearings on the refusal of a variety of applications. For example, these include: applications for a liquor or gaming licence, sanctions or suspension of a licence for an alleged breach, or, lastly, cancellation of a licence.
Municipal Tax Assessment And Appeals
In most instances, if an individual or corporation wishes to appeal a tax assessment, it must first start at the local level. You must file the complaint with them. However, if denied, people often wish to hire an administrative law lawyer to appeal the decision.
Environmental Appeals Board
The Environmental Appeals Board oversees a number of environmental issues that fall under various pieces of legislation. This includes the Water Act, Schedule 5 of the Government Organization Act, the Climate Change and Emissions Management Act and the Environmental Protection and, in addition, the Enhancement Act. The types of issues covered include licencing, remediation orders, administrative penalties, enforcement orders, environmental protection orders, approvals, etc..
Which Board Governs Situations In Alberta
Most people know the administrative body that oversees an area that concerns them. In many instances, though, a person does not know where to look. In Alberta, the government lists all the boards and tribunals that govern provincially regulated matters. The list of such agencies may be found on Service Alberta’s website.
In addition to Provincial tribunals and boards, federal tribunals and boards exist. The mandate for each federal board is set out in specific federal legislation.
Appeals Of Administrative Law Tribunal Decisions
Lastly, various reasons exist for appealing administrative tribunal decisions. Appeals are usually based on an error in law, an error of fact or both. Depending on the mandate of the specific board or committee that set out the original decision, an appeal is either made at a board level or to the Alberta Court of Queen’s Bench or Federal Court. Our litigation lawyers appear in front both courts as needed to appeal tribunal matters.
Legal Help With Administrative Law Tribunals
If your professional standing, career, business, ability to remain in Canada or significant investment is on the line, hiring the right lawyer is important. Our litigation team and administrative law lawyers are ready to help. Above all, connect with us today. As our team is in and out of court, email is often a fast way to reach the team. However, we are happy to take your call and will get back to you as quick as we can. Connect today at 403-225-8810 locally in Calgary, Alberta, we can be called toll-free at 1-877-225-8817 or email us directly here.