The Administrative Justice Office Update
AJO article, BC Council of Administrative Tribunals newsletter, Spring 2008
The Administrative Justice Office (AJO) continues to support B.C. citizens’ access to earlier solutions and faster justice in the administrative justice sector, reflecting the Ministry of Attorney General’s five key strategies for justice transformation through its work on various projects, including collaborative efforts with and grant funding to the B.C. Council of Administrative Tribunals (BCCAT).
Prevention – minimizing conflicts, avoiding disputes
Education and training on administrative justice principles in order to minimize conflicts and avoid disputes were given high priority by the AJO, by hosting various events and through its grant funding.
Recognizing the need to broaden the access within government to high-quality and consistent information about administrative law principles, the AJO, with the support of BCCAT, has expanded delivery of the administrative justice for decision-makers course beyond government decision-makers to also include other government staff who work with government’s wide range of administrative programs. The course is presented by BCCAT-trained Ministry of Attorney General Legal Services Branch (LSB) lawyers.
The first course, delivered in January 2008, highlighted the value of such training. On word-of-mouth only, the May 2008 offering is already fully subscribed and registrations are well underway for a fall 2008 offering.
Delivery of these courses would not be possible without BCCAT’s co-operation. The AJO was pleased to provide a $16,000 grant for BCCAT to provide train the trainercourses (in addition to similar funding in 2007). Senior BCCAT members deliver training to tribunal appointees and Ministry of Attorney General LSB lawyers deliver the Administrative Justice for Decision-makers course to government staff. (Thanks to BCCAT instructors, Cheryl Vickers and Jessie Horner, for providing an excellent learning experience for LSB lawyers).
The AJO and the Dispute Resolution Office (DRO) are currently working on a system design initiative that will enable tribunals to analyze and enhance their dispute resolution programs. We are developing a generic case streaming tool kit through pilot programs with the Farm Industry Review Board (FIRB) and the Safety Standards Board and are currently developing a generic evaluation toolkit,through pilot programs with the FIRB and the B.C.Human Rights Tribunal. The AJO and DRO also commissioned the University of British Columbia program on dispute resolution to examine tribunals’ ability to use alternative dispute resolution (ADR) processes to resolve disputes about entitlements to statutory rights and benefits. Alternative Dispute Resolution in Entitlement Tribunals: A Policy Choiceconcludes that ADR processes can be used to resolve these kinds of disputes with the decision on when and how to do so being a policy choice. The report recommends that government and tribunals work together to optimize tribunal dispute resolution programs, taking into account the tribunal’s unique organizational culture, people, technology and mission. It also recommends that the Ministry of Attorney General consider implementing dispute resolution by working with tribunals (and their ministries) individually, using a structured organizational assessment and system design approach to create a responsive, accessible and efficient dispute resolution system.
Integration and sharing resources
In February 2008, the AJO hosted another workshop for senior tribunal staff. Discussion topics, requested by participants, included how to better protect parties’ personal information, dispute resolution processes, administrative requirements for processing tribunal appointments and government’s climate change programs and goals. With 15 participants representing 17 tribunals, this workshop provided another excellent opportunity for the exchange of information and creative problem-solving. The AJO has been asked to plan a fall workshop and suggestions for speakers and discussion topics are welcome.
In January 2008, the AJO hosted a very successful workshop on AJO’s A Guide for Consideration of a Process for the Review of Administrative Decision-making with 29 policy analysts and others, representing 11 government ministries. Participants engaged in a highly interactive process on the application of the full range of policy, legal and practical factors on designing decision reviews. The AJO is currently planning additional offerings of the guide workshop.
The AJO continues its work with various ministries and tribunals to find opportunities for collocation and sharing of registry services. A recent cross-appointment was that of the Property Assessment Appeal Board (PAAB) chair Cheryl Vickers to the chair of the Mediation Arbitration Board (MAB) during June 2007, providing PAAB’s full-time registry staff and other resources to the MAB.
Information – better and more accessible information for citizens
The AJO continues to provide current, relevant information about the administrative justice sector on its website, with a total of 70,000 visits in the last year and almost 100,000 visits since we began tracking our site’s statistics late in 2006. The AJO was thrilled when the U.K.’s Council on Tribunals recently recommended the AJO website to its newsletter readers. The AJO will continue to provide high-quality information on our website to benefit readers, both locally and internationally.
In another collaborative effort, the AJO continues to provide advice to the BCCAT, Law Courts Education Society steering committee for their joint AdminLaw BC project to develop a public education, multimedia, multilingual administrative law website. When completed, the site will provide easy access to information, advice and guidance on the administrative justice system.
And the AJO and BCCAT are currently working together on public information materials for Law Week information tables at the Vancouver and Victoria April 19 celebrations, as part of the annual countrywide event organized by the Canadian Bar Association. We look forward to another fun, interesting day and the opportunity to meet members of the public, share information and learn about interests and concerns related to administrative justice.
Simplification – faster, proportional procedures
The recent AJO and Ministry of Attorney General $25,000 grant to BCCAT to develop tribunal model rules will help make tribunal and other decision-makers’ procedures faster, proportional and more user-friendly. Best practises for tribunal case management and dispute resolution processes will be considered and tribunals will want to review the model rules for new ideas.
The AJO continues to consult across government ministries on policy issues and in preparation for the spring 2008 legislative agenda, advising on draft legislation to ensure provisions for administrative decision-making are consistent with government’s goals of earlier and faster solutions.
Resolution – actively encouraging problem solving
The 2007 amendments to the Administrative Tribunals Act, brought into force effective Oct. 18, 2007, enhance tribunal operations by improving flexibility for temporary appointment of tribunal members and clarify tribunals’ jurisdiction and discretion to decide Human Rights Code issues.
The very recent change to the common law standard of review, articulated in the March 2008 Supreme Court of Canada decision in Dunsmuir v. New Brunswick, 2008 SCC 9, is under review.
