CHAPTER 1

Archived Content

Information identified as archived on the Web is for reference, research or recordkeeping purposes. It has not been altered or updated after the date of archiving. Web pages that are archived on the Web are not subject to the Government of Canada Web Standards. As per the Communications Policy of the Government of Canada, please contact us to request an alternate format.

ADMINISTRATIVE JUSTICE AND TRIBUNAL PROCEEDINGS

1.1 General Characteristics of Administrative Proceedings

1.1.3 An Accessible, Informal, Effective Procedure

As Y. Ouellette has pointed out, [Translation] "one of the main reasons why a legislature confers decision-making powers on an administrative tribunal rather than on courts of law is the fact that it is looking for a different decision-making culture that is less formal and solemn than the judicial process".^{211 Citation 211} As long ago as 1971, the working group on administrative tribunals recognized that the legislature of today [Translation] "creates in a safe and certain manner tribunals which are responsible for providing expeditious justice and whose operations are flexible and inexpensive".^{212 Citation 212} In 1994, the third working group wrote: [Translation] "Do we need to point out that this tribunal should perform its adjudicative function in accordance with rules of evidence and procedure adapted to the imperatives of specialization, flexibility, speed and accessibility of administrative justice."^{213 Citation 213}

In 1996 the National Assembly declared with respect to the Act respecting administrative justice that the "purpose of this Act is to affirm the specific character of administrative justice, to ensure its quality, promptness and accessibility . . ."^{214 Citation 214}

The Employment Insurance Act creates a highly accessible system of justice. Two obstacles to the accessibility of justice are generally recognized: subjective accessibility, which depends on individuals' knowledge and perceptions of the conditions of access, and objective accessibility, which casts doubt on formal constraints such as the complexity of an Act and Regulations, time limits as well as physical and economic constraints.

To be sure, the Act and Regulations are complex, but the remedies provided for in Part V are relatively simple. In addition, the individuals may very easily gain access to all the relevant information. The only formalities required for an appeal are set out in ss. R. 78 Regulaton 78 and 80 Regulation 80. The process is free of charge and in the vast majority of cases, the individual is able to make his or her arguments himself or herself. Finally, a well-established practice under the Benefit Manual (c. 13) makes the task of the appellant considerably easier: these are the Commission's representations to the board, a document that contains the Commission's arguments, a statement of the evidence, a refutation of the appellant's arguments and references to the relevant case law.

[ previous Previous page | table of contents | next Next page ]