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

1.1.3.3 The Tribunal is Master of the Procedure

Cases dating back a considerable time have proclaimed this principle^{222 Citation 222} and Parliament has sometimes repeated it: this is true of s. R. 80(7) Section 80(7) of the Regulations: the chairperson is expressly authorized to determine the procedure at a hearing before the board. However, what does this "mastery of the procedure" mean? The Supreme Court has defined its parameters in fairly broad terms: [Translation] ". . . it is necessary to refrain from imposing a code of procedure on an organization that the law made master of its own procedure."^{223 Citation 223} According to the Supreme Court, such an organization:

need not assume the trappings of a court.^{224 Citation 224}

There is a wide range of decision-making proceedings involving an element of fairness in the procedure and the intensity of this will vary in accordance with its position on the administrative spectrum.^{225 Citation 225}

. . . decisions are made concerning the content of these rules in light of all the circumstances in which the tribunal in question operates.^{226 Citation 226}

[that] will vary in line with the context and nature of the interests at issue.^{227 Citation 227}

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