The Administrative Justice Office Update
AJO article, BC Council of Administrative Tribunals newsletter, Fall 2008
Justice transformation remains the focus of the Administrative Justice Office’s (AJO) work. Since our spring 2008 report, the AJO has initiated, undertaken or completed a number of projects aimed at providing earlier solutions and faster justice, both in-government and by administrative tribunals.
IN-GOVERNMENT
Developing a consistent framework for SDMs: The AJO is excited to be leading a systemic review of in-government decision-makers (Statutory Decision-Makers or “DMs” powers, procedures and authorities, with the support of a small advisory committee. The project will:
- develop a catalogue of all SDMs across government ministries;
- publish a series of discussion papers and solicit comments (each paper will indicate the response timeline);
- consult with ministries, their SDMs and the public, as appropriate; and
- develop recommendations, including for possible systemic legislation similar to the standard framework provided for tribunals by the Administrative Tribunals Act (ATA).
The first of the discussion papers is expected to be posted on the AJO website in September 2008.
Administrative justice education and training: The AJO, with the support of the BC Council of Administrative Tribunals (BCCAT) and in collaboration with the Ministry of Attorney General Legal Services Branch, has been supporting quality government decision-making by expanding the opportunities for government staff to take the administrative justice for cecision-makers course. A high level of interest in the course has been demonstrated, with both May and September offerings being fully subscribed and an additional offering planned for November 2008. Further offerings are being planned for 2009. The AJO is also working with a number of government offices to develop specialized course offerings, focussing on specific program needs. The AJO has been working with, and thanks, BCCAT instructor Cheryl Vickers for assisting the AJO in minor revisions to course materials.
Improving review processes:The AJO is pleased to be hosting its second workshop to support the principled development of review processes for in-government decision-making. Scheduled for October 2008, the workshop is directed to policy analysts and others who are responsible for developing new programs and review processes. Participants will learn about the full range of policy and legal issues and the practical factors of designing decision reviews through interactive exercises that apply the AJO’s Design Guide to Review Administrative Decisions.
Simplification – faster, proportional procedures: The AJO is also continuing to consult across government ministries in preparation for the spring 2009 legislative agenda, advising on draft legislation to ensure provisions for administrative decision-making are consistent with government’s goals of earlier and faster solutions
TRIBUNALS
Simplification of the standards of judicial review: The AJO is looking at the implications for B.C. of the Supreme Court of Canada (SCC) decision in Dunsmuir v. New Brunswick (2008 SCC 9), with a discussion paper to be posted to this website in September. The SCC radically transformed the common law to address issues of complexity, costs and lack of predictability of outcome by reducing three standards to two. B.C. had already addressed these flaws by codifying the standards in the ATA.
A consistent legislative framework: In the spring 2008 legislative session, ATA powers and procedures were adopted by two new B.C. tribunals, the Health Professions Review Board and the Oil and Gas Appeal Tribunal. The AJO is working with the ministries to establish the new tribunals. An example of good use of existing tribunal resources is the legislation establishing the Oil and Gas Appeal Tribunal, which provides the opportunity to appoint its members from among the Environment Appeal Board and/or the Forest Appeals Commission.
Integration and resource sharing: Another example of excellent use of existing tribunal resources is the Safety Standards Appeal Board, now also hearing appeals from decisions made about residential builders licensing and owne-builder authorizations under the Homeowner Protection Act. The board will hear these appeals using the same powers and processes as it currently uses to hear appeals under the Safety Standards Act.
A workshop for senior tribunal staff, proposed for November 2008, is still in the planning stages with arrangements underway to conduct the workshop using video conferencing facilities so participants can get a better sense of how those facilities may operate to support their tribunal’s activities. These workshops have been an excellent opportunity for the exchange of information and creative problem-solving.
Early resolution: The AJO and the Dispute Resolution Office (DRO) have prepared the Guide to Implementing Dispute Resolution in Tribunal Processes to assist tribunals in considering greater implementation of dispute resolution programs, taking into account the tribunal’s unique organizational culture, people, technology and mission. The guide will be available on AJO and DRO websites and both offices will be available to support tribunals who are interested in undertaking work in this area. Work also continues on a generic evaluation tool kit, which will help tribunals to ensure that their dispute resolution processes achieve their intended objectives.
