BC Council of Administrative Tribunals ADJUDICATOR BOOT CAMP The Essentials of Conducting a Fair Hearing

KNOW YOUR ENABLING LEGISLATION Statute / Act Regulations Rules Policies Practice Directives Administrative Tribunals Act Interpretation Act Human Rights Code / Charter

CONSIDER YOUR TRIBUNAL CONTEXT FUNCTION: Resolve Disputes - between two or more individuals - between individual and government agency Rights Entitlement Regulatory Licensing / Disciplinary Appeals

TRIBUNAL CONTEXT RESOLUTION METHOD Adversarial Inquisitorial Mix of Both

TRIBUNAL CONTEXT III. FORM OF HEARING In-person Video Conference Telephone Conference Online Written Submissions Combination of any of the above

TRIBUNAL CONTEXT - legal or lay counsel - self represented IV. Other Considerations Who are the Parties - legal or lay counsel - self represented Expedited Hearing Process Statutory Timelines - holding a hearing - issuance of decision

ELEMENTS OF PROCEDURAL FAIRNESS Notice & Reply An Unbiased Decision Maker The Person Who Hears Must Decide The Provision of Reasons

PREPARING for the HEARING Check for Jurisdiction Sole Adjudicator or Panel Form of Hearing Thorough Knowledge of Statutory Provisions Background/File Materials Ensure Notice was Given Pre-hearing Case Management Prepare Hearing Book

DURING the HEARING Maintain Judicial Temperament Provide Opening Statement Ensure Participants Understand the Process Take Notes Mark Exhibits Oath or Affirmation Maintain Order Deal with Motions / Objections Make the Parties Feel Heard

CLOSING THE HEARING Establish Timing for Written Argument Indicate Timing of the Decision Close the Proceedings Thank the Participants

COMMON HEARING CHALLENGES Unintentional Bias Self-represented Parties Difficult Participants Motions / Objections Maintaining Focus on the Issue Maintaining Order Admissibility of Evidence Assessing Credibility

DECISION MAKING TECHNIQUES Focus on the Issue (s) Summarize Witnesses’ Evidence Identify the Relevant Evidence Identify Evidence Which Is Agreed Resolve Conflicts in the Evidence Find Facts Create an Outline

DEFINING THE ISSUE WHY? It determines what information is RELEVENT (both admission of evidence in hearing & inclusion of evidence in decision). It provides a framework for the decision. WHAT? The issue is a question you must decide to resolve the case. Can be factual, legal or both

DEFINING the ISSUE WHEN? Start drafting the issue after a first review of the file. Revise and/or refine the issue at the hearing. Let the parties know what you think the issue is. Use the issue to frame your decision. WHERE? Include the issue near the beginning of your decision.

DEFINING the ISSUE State the issue as a direct or indirect question. HOW? State the issue as a direct or indirect question. For example: Was the applicant the driver of the vehicle? If so, should their license be cancelled on the basis that their driving presents a danger to the public? OR The issues are whether the applicant was the driver of the vehicle and, if so, whether their license should be cancelled on the basis that their driving presents a danger to the public.

DEFINING the ISSUE HOW? Be as specific as possible. For example, do NOT write: This decision involves the cancellation of the applicant’s license.

WRITING TIPS Create an Outline Write to the Readers, not Yourself Revise as much as possible Create an Outline Write to the Readers, not Yourself Write in chunks: eg, Introduction, Issue, etc Use Headings Point First writing Plain Language Limit Quotations & Introduce Quotations Ensure Sufficiency of Reasons

QUOTATIONS Do NOT write: Section 12 of the Labour Relations Code reads as follows: Duty of Fair Representation 12(1) A trade union or council of trade unions must not act in a manner that is arbitrary, discriminatory or in bad faith (a) in representing any of the employees in an approprite bargaining unit, or (b) in the referral of persons to employment Whether or not the employees or persons are members of the trade union or a constituent union of the council of trade unions.

QUOTATIONS Rather, write: Section 12 is a provision in the Labour Relations Code that says a union cannot represent an employee in a manner that is arbitrary, discriminatory or in bad faith. OR The “duty of fair representation” as stated in Section 12 of the Code provides that a union shall not act in a manner that is arbitrary or discriminatory or in bad faith in representing or referring a person to employment.

CONCLUSION Comments? Questions? Suggestions? Thank You!