Courses

This entirely new two-day course—designed from the ground up with a modern perspective on the pressures decision-makers face—will help participants deepen their understanding of the foundations of administrative law and apply that knowledge in practical ways, including determining how and when to exercise their discretion in decision-making.

Two instructors who are current administrative decision-makers will deliver the course, and a guest Justice will offer knowledge, perspective, and advice from the bench on the morning of the second day.

This course is divided into four modules, each building on the previous module’s content.

Module One:

After completing this module, participants should be able to identify the origins of Administrative Law and explain the functions it serves in society and within the Canadian legal framework. They should be able to identify who can make an administrative law decision and the limits of that decision. They should also be able to list and explain the factors that can lead to a fair administrative process, including why these factors are necessary for every decision that is made.

Module Two:

After completing this module, participants should be able to identify the prerequisites for a defensible decision. They should be able to explain the significance of moving from one stage of decision-making to another and the legal effects of making a final decision. Further, participants should be able to articulate the effects that case law, policies, and the Charter may have on any decision they make.

Module Three:

After completing this module, participants should be able to explain the importance of discretion in decision-making and how it affects decisions made by various decision-makers. They should be able to identify the structure of an administrative decision and construct a reasoned, logically structured decision. They should also be able to articulate several methods for demonstrating their understanding of legal and factual issues in a written decision. They should further be able to identify foundational evidentiary concepts and explain how to apply them when making decisions.

Module Four:

After completing this module, participants should be able to explain the components of defensible decisions and identify issues in their own writing. They should also understand the legal significance of including or excluding information in written reasons. Finally, they should be able to identify the legal steps available to individuals who disagree with legal decisions they make.

This two-day course, specifically designed for decision makers in post-secondary institutions, covers:

• Administrative law and principles of Natural Justice
• Conducting fair hearings and evaluating evidence
• Writing clear, well-reasoned decisions
• Ethical and professional responsibilities for decision makers

BCCAT’s Foundations of Administrative Justice: Practice & Procedures for Staff, provides an introductory and practical overview of the fundamentals of administrative law and administrative justice. The course is specifically tailored for support staff at tribunals and other administrative agencies and is taught by experienced instructors who are actively leading, serving, or practicing before administrative agencies.

The course covers the following topics:

• fundamentals of administrative law;
• the legal framework and relationships governing administrative agencies;
• procedural fairness;
• reviews and appeals;
• the role of staff as it relates to different parties, including communication with the public, providing information to complainants or other parties involved in a matter before the agency, and supporting decision-makers; and
• navigating challenging parties and stakeholders.

Course participants will explore real-life examples and scenarios and gain concrete tools they can apply immediately to their work.

The delivery of this one-day course is approximately:

• 70% lecture;
• 20% discussion (a mix of small group and full class); and
• 10% independent work.

Participants will be encouraged to ask questions, engage in discussions, and will experience a brisk yet thoughtful pace throughout the course, with frequent opportunities for breaks and reflection.

This course is recommended for staff new to administrative law, those new to their roles, or anyone seeking a refresher on fundamental principles.

Participant Testimonials

This two-day workshop, including lectures, discussions, writing exercises & individual feedback covering:

• Adopt a reader-oriented perspective to making and writing decisions
• How to enhance logic and flow
• Writing clear, concise and coherent decisions

*Recommended prerequisite course: Introduction to Foundations of Administrative Justice 

This two-day workshop is designed to build foundational skills essential for a fair and effective hearing and to develop the ability to manage unexpected issues confidently and fairly. Participants will examine common scenarios that arise in a variety of tribunal settings and will leave equipped with tools and techniques to maintain control of a hearing while ensuring it remains fair, accessible, and efficient.

This workshop is recommended for individuals who are new to hearings or those seeking a refresher.

This course was designed in partnership with the Canadian Council of Administrative Tribunals (CCAT), and is specifically designed for decision-makers who participate in oral hearings, individually or as part of a panel. It may also be of interest to those who conduct “file” hearings, since many legal principles that govern the conduct of such proceedings are the same. The audience may include:

• Newly-appointed tribunal members
• Tribunal members who want to deepen their understanding of conducting hearings and writing decisions
• Tribunal staff members