Courses

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

This course is divided into four separate modules, each one building on what is learned in the previous modules.

Module One:

After completing this module, participants should be able to identify the origins of Administrative Law, explain its role in society and in the Canadian legal system, and understand who can make administrative law decisions and what the limits of those decisions are. Participants should also be able to list and explain the factors that contribute to a fair administrative process, including why these factors are essential for every decision made.

Module Two:

After completing this module, participants should be able to identify the prerequisites for making a defensible decision. They should also be able to explain the importance of moving from one stage of decision-making to another, including the legal effects of making a final decision. Participants should also 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 impacts decisions made by various decision-makers. They should also be able to identify the structure of an administrative decision and construct a reasoned and logically structured decision. Participants should additionally be able to describe several methods for demonstrating their understanding of legal and factual issues through a written decision. Furthermore, they should be able to identify foundational evidentiary concepts and explain how these can be applied 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. Participants should also understand the legal significance of including or excluding information within written reasons. Finally, they should be able to identify the legal steps available to individuals who disagree with their decisions.

A guest Justice on the morning of the second day will provide knowledge, perspective, and advice from the bench.

This two-day course for 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 & Procedure for Staff, provides an introductory and practical overview of the fundamentals of administrative law as they apply to the work of tribunals and similar decision-making bodies. Participants explore real-life examples and realistic scenarios, and leave with concrete tools they can immediately apply to their work.

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 immediately apply 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

*Prerequisite course: Administrative Justice – Practice & Procedures for Decision Makers

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.

Inclusive Adjudication & Understanding Bias is a course designed to engage participants in discussions about implicit bias and intercultural competencies that impact on the decision making of adjudicators. This course was developed in partnership with Alden E. Habacon from Inclusive Excellence Strategy Solutions Inc.

Implicit biases and inter-culture competence affect everyone including decision makers who have a higher standard for fairness, ethical conduct, and fact-based decision making. This workshop will help you identify your implicit biases and how to disrupt them, and understand the meaning and relevance of “intercultural competence” and its potential impact on our perceptions and decision making.

Participants will examine the potential effect of these concepts on their communications, assessments of evidence and credibility, conduct of a fair proceeding, determinations, and decision writing. Participants will have an opportunity to identify best practices in dealing with issues of diversity in their own tribunal.

Objectives

• To understand what is “implicit bias” and how to disrupt implicit biases
• To develop an understanding of culture and how it influences behaviour
• To begin the conversation surrounding the Truth and Reconciliation Commission recommendations and its impact on our decision making
• To apply the principles and competencies to scenarios affecting administrative decision makers and tribunals

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