CHAPTER 1

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ADMINISTRATIVE JUSTICE AND TRIBUNAL PROCEEDINGS

1.1 General Characteristics of Administrative Proceedings

1.1.3 An Accessible, Informal, Effective Procedure

1.1.3.2 An Inquisitorial Process

Administrative justice is based on the principles of natural justice, especially the adversarial principle. However, it also includes an inquisitorial approach.^{220 Citation 220} This means that the tribunal has powers or can develop practices that enable it to play an active role in a dispute. On the one hand, the tribunal or its chairperson is responsible for the procedure; this is provided for in s. R. 80(7) Section 80(7) of the Regulations. Moreover, a large number of statutes give administrative tribunals investigative powers by reference to the Commissions of Inquiry Act, for example. This is not the case with the Board of Referees but s. R. 82 Section 82 of the Regulations permits the chairperson to ask the Commission to inquire into any question relating to a claim for benefits. Furthermore, the chairperson can order that a hearing be granted (s. R. 80(5) Section 80(5) of the Regulations). The chairperson may also require a person to attend a hearing of the board (s. R. 80 (6) Section 80(6) of the Regulations). However, neither the Act nor the Regulations provide sanctions if the person refuses to attend. An application must be filed with the Federal Court to enforce the order.

The inquisitorial style of justice in tribunal proceedings is justified above all by the fact that the great majority of appellants are not represented by counsel and this leads the chairperson or the members to intervene more and to ask relevant questions so that the tribunal is well informed. In this context, the recent Quebec Act respecting administrative justice The Quebec Act respecting adminstrative Justice may provide inspiration since it provides as follows:

s. 11. The body has, within the scope of the law, full authority over the conduct of the hearing. It shall, in conducting the proceedings, be flexible and ensure that the substantive law is rendered effective and is carried out.

s. 12. The body is required... to provide, if necessary, fair or impartial assistance to each party during the hearing.

While it may adopt an inquisitorial style, this does not mean that the board can conduct its own inquiry: "it must base its decision on the facts proved before it".^{221 Citation 221}

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