IMPR 101-2

10 null terms

Administrative Tribunal: A specialized government agency established under legislation to implement legislative policy. Example: Immigration and Refugee Board which is established under IRPA Part 4.
Burden of Proof: Text Pg 373-374 An important principle in Refugee determination. Burden of proof lies with the refugee claimant to validate and make credible statements made with documentary and other evidence. IRPA s.100(1.1): "The burden of proving that a claim is eligible to be referred the the Refugee Protection Division rests on the claimant, who must answer truthfully all questions put to them." IRPA s.100(4): "A person who makes a claim for refugee protection inside Canada at a port of entry and whose claim is referred to the Refugee Protection Division must provide the Division, within the time limits provided for in the regulations, with the documents and information — including in respect of the basis for the claim — required by the rules of the Board, in accordance with those rules." IRPA s.106: "The Refugee Protection Division must take into account, with respect to the credibility of a claimant, whether the claimant possesses acceptable documentation establishing identity, and if not, whether they have provided a reasonable explanation for the lack of documentation or have taken reasonable steps to obtain the documentation."
Delegation of Authority: giving decision making power to someone else. "Delegation of Powers": IRPA s.6 (2) "Anything that may be done by the Minister under this Act may be done by a person that the Minister authorizes in writing, without proof of the authenticity of the authorization."
Fundamental Justice: Principles of fundamental justice are basic tenets of the legal system that can be identified with precision and for which there is sufficient consensus that they are basic norms. The standard expected of those decision makers who come within the purview of s.7 of the Canadian Charter of Rights and Freedoms and section 2(e) of the Canadian Bill of Rights. Under the Charter, it has both procedural and substantive components. Under the Bill of Rights, it is a source of procedural entitlements only.
Judicial Notice: A legal doctrine/rule of evidence that allows a decision maker to accept certain commonly known, indisputable and uncontentious facts without requiring that they be proven with evidence. IRPA s.170(i): "The Refugee Protection Division, in any proceeding before it, may take notice of any facts that may be judicially noticed, any other generally recognized facts and any information or opinion that is within its specialized knowledge."
Natural Justice: The principles of procedural fairness developed by the common law and re-enforced frequently by statute. They consist typically of two aspects: the right to be heard and the right to an unbiased decision maker.
Onus of Proof: Textbook pg. 496, 498 The burden of proving facts. At an admissibility hearing, this depends on whether or not the person has legal status in Canada.
Procedural Fairness: the procedural obligations of statutory and prerogative authorities arising by virtue of the common law expanding the reach of procedural fairness entitlements beyond the domains traditionally covered by the rules of natural justice. Textbook pg. 24, 28, 29, 432 Baker v. Canada (Minister of Citizenship and Immigration): "those affected by a decision must be afforded the opportunity to present their case fully and fairly, and have decisions affecting their rights, interests, or privileges made using a fair, impartial, and open process, appropriate to the statutory, institutional, and social context." 5 criteria (para 23-27): 1) the nature of the decision being made and the process followed in making it 2) The role of the particular decision within the statutory scheme and other surrounding indications in the statute help determine the content of the duty of fairness owed when a particular administrative decision is made. 3) the importance of the decision to the individual or individuals affected. The greater the importance, the greater the impact, the more stringent the procedural protections that will be mandated. 4) the legitimate expectations of the person challenging the decision 5) important weight must be given to the choice of procedures made by the agency itself and its institutional constraints
Reasonable Grounds: Textbook pg. 48, 73 A set of facts and circumstances that would satisfy an ordinarily cautious and prudent person and that are more than mere suspicion. A lower standard of proof than Balance of Probabilities.
Standard of Proof: Textbook pg. 497-498 The degree of proof necessary to satisfy the onus of proof. The degree or amount of proof necessary to make a decision on inadmissibility. Also applies to the decisions of a visa officer abroad or CBSA officer at a port of entry.