Administrative law
canadian administrative law regulates the actions and operations of governments and governmental agencies in Canada (ie. the way in which power is exercised by public authorities). Basically we can think of it as how courts can review the decisions of administrative decision- makers.
the administrative law regulated the exercise that is powered by:
- Ministers
- Public officials
- Agencies, boards, commissions, tribunals and other bodies appointed by the executive.
What sorts of decision making bodies might be relevant to the regulation of sports?
- Human rights commissions and tribunals
- Employment and labor relations tribunals
- Sports funding bodies (getting money from the government)
- Sport regulatory bodies - rule making, disciplinary etc
the duty of fairness
The requirements of the duty of fairness are context-specific and take into account the circumstances of the relevant process and the decision maker
- the right to a hearing
- the right t oan unbiased decision marker
- judicial review of the decisions of tribunals
what does it mean that courts may make orders on judicial review?
- Overturning decision
- Returning decision for reconsideration by decision maker
- Prohibiting proceedings or particular decisions
what does the human rights law contain
- Human rights codes
- Charter of rights and freedoms
- Process diagrams
human rights codes
A provincial law that gives everybody equal rights and opportunities without discrimination in specific social areas such as jobs, housing, services, facilities, and contracts or agreements
The codes goal is to prevent discrimination and harassment because of race, sex, disability, and age etc
human rights tribunal of Ontario
is the administrative, quasi-judicial tribunal tasked with hearing complaints that the code has been violated. It has the power to grant damages and specific performance to remedy discriminatory acts.
canadian charter of rights and freedoms
Created by parliament of Canada to protect individuals from government interference
It is designed to unify canadians around a set of principles that embody those rights
Important sections relevant to sports are sections 1,2,7,8, 28
what are the allowable discrimination levels of the charter rights and freedoms?
- Disability
- Affirmative action
- Special interests
- Age
- Public decency
- Recreation
