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

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

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

4. TRIBUNAL CONTEXT RESOLUTION METHOD Adversarial Inquisitorial
Mix of Both

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

6. 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

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

8. 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

9. 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

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

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

12. 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

13. 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

14. 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.

15. 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.

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

17. 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

18. 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.

19. 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.

20. CONCLUSION
Comments?
Questions?
Suggestions?
Thank You!