Please use only canadian and British Columbia admin laws and examples
Tribunal facts and decision are in the pdf in attachments.
You will need to examine the tribunal’s enabling statute to identify potential problems with this decision that may leave it vulnerable to challenge.
Your assignment is to identify 3 issues* that violate procedural fairness, give rise to bias, question jurisdiction, application of the Act, or reasonableness of outcome.
Once you have identified 3 issues you will:
explain the manner in which they are problematic
offer alternative procedure/application/outcome that adhere to the governing legislation and rules of procedural fairness.
Once you have identified the errors in the decision, provide what you believe should have been the correct decision. As always, justify your position.
You can write it in a report style similar to the tribunal’s findings, but the Paper should be written in prose (full sentences & paragraphs).
APA, intro, concluding statement should be standard practice.
*there is not an even distribution of errors. There may 3 procedural errors and none to do with jurisdiction or 3 issues with application of the legislation and none to do with bias – ie: do not assume that the tribunal erred equally or in all aspects we have studied
Rubric: all aspects of the assignment were fully completed
identified problematic issues only and justified non-issues as such
resolved issues effectively and removed likelihood of challenge
Coherent: clear, concise wording Narrative: consistent, organization and structure Style: creativity, use of appropriate language Technical: APA formatting, grammar, word count Persuasive: writes with authority, convinces reader
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