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    ADMIN Chapter 11

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    This document discusses presenting evidence at administrative hearings. It outlines that agencies have more flexibility than tribunals in receiving evidence, though tribunals also apply relaxed evidentiary rules. It describes the standards for admissible evidence as being relevant, reliable, necessary, and fair. It also categorizes different types of evidence and discusses privileged information.

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    ADMIN Chapter 11

    Uploaded by

    jzaprudkmkvxcryqtv
    63 views10 pages
    This document discusses presenting evidence at administrative hearings. It outlines that agencies have more flexibility than tribunals in receiving evidence, though tribunals also apply relaxed evidentiary rules. It describes the standards for admissible evidence as being relevant, reliable, necessary, and fair. It also categorizes different types of evidence and discusses privileged information.

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    ADMIN LAW CHAPTER 11

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    This document discusses presenting evidence at administrative hearings. It outlines that agencies have more flexibility than tribunals in receiving evidence, though tribunals also apply relaxed evidentiary rules. It describes the standards for admissible evidence as being relevant, reliable, necessary, and fair. It also categorizes different types of evidence and discusses privileged information.

    Copyright:

    © All Rights Reserved
    Download as PPT, PDF, TXT or read online from Scribd
    Download as ppt, pdf, or txt
    63 views10 pages

    ADMIN Chapter 11

    Uploaded by

    jzaprudkmkvxcryqtv
    This document discusses presenting evidence at administrative hearings. It outlines that agencies have more flexibility than tribunals in receiving evidence, though tribunals also apply relaxed evidentiary rules. It describes the standards for admissible evidence as being relevant, reliable, necessary, and fair. It also categorizes different types of evidence and discusses privileged information.

    Copyright:

    © All Rights Reserved
    Download as PPT, PDF, TXT or read online from Scribd
    Download as ppt, pdf, or txt
    of 10

    Administrative Law

    Chapter 11
    Presenting Evidence at a Hearing
    Chapter 11 – Presenting Evidence
    at a Hearing
    Agencies – administrative agencies have
    more latitude to receive evidence in their
    decision making process than do tribunals.
    Tribunals – administrative tribunals
    generally apply the court rules of
    evidence, albeit in a relaxed fashion;
    information must be both reliable and
    relevant to be received by a Tribunal and
    to be considered in the Tribunal’s decision
    making process.
    Determining Admissibility of
    Evidence
    Admissible evidence must be:
    1. Relevant – does the piece of evidence tend to prove or
    disprove a matter in issue?
    2. Reliable – is the piece of evidence trustworthy enough to
    be admitted?
    • is the proposed evidence hearsay?
    • is the proposed evidence fact or opinion?
    • does the witness have a motive to lie?
    • is the proposed evidence informed?
    • is the proposed witness qualified?
    3. Necessary - is the evidence necessary to hear?
    4. Fair - is it fair to hear the evidence in all the circumstances?
    Types of evidence
    1. Direct – direct evidence is evidence given by a person who
    actually observed the occurrence of the evidence in question.
    2. Circumstantial – circumstantial evidence is evidence of the
    circumstances that suggest the manner in which the event
    occurred.
    3. Opinion – opinion evidence is a conclusion reached by a
    witness based on his own observations.
    4. Hearsay – hearsay evidence is where the observer of the
    event is not in the hearing room to testify as to what they
    observed; so their evidence is being given by another witness,
    or by a statement in a written document.
    5. Expert evidence – hired gun syndrome? a tribunal’s
    procedural requirements for expert evidence to be admitted?
    Privileged information
    1. Solicitor-client privilege
    - Contents of communications between a
    lawyer and his client concerning the
    providing of legal advice are privilege
    2. Settlement privilege
    - Settlement privilege extends to ADR
    processes before Tribunals
    - Mediation agreements should be signed
    ensuring that parties can have “without
    prejudice discussions”
    Class Activity
    Each student (or pair of students) to
    present on the the remaining topics
    discussed in the Chapter 11 with the
    instructor to facilitate the discussion:
    1.Challenging a Tribunal’s ruling on
    admissibility, pp. 250-251.
    2.Obligations of an expert witness, pp 254-
    255.
    Continued.
    3. May a Tribunal obtain its own expert evidence,
    p. 256?
    4. How to get photographs, video recordings, and
    motion pictures admitted into evidence, pp. 257-
    258.
    5. Using demeanour to assess truthfulness, p. 258.
    6. Assessing credibility of witness evidence, pp.
    258-259.
    7. Impact of access to information and privacy
    laws, pp. 260.
    Continued.
    8. Procedure for swearing in the witness.
    9. Witness examination – difference b/w direct
    examination, cross examination, and re-
    examination. Forms of questions that may be
    asked in each type of examination, pp. 262-264.
    10. Witness panels, pp. 264-265.
    11. Common grounds for objection to questions,
    p. 265.
    Continued.
    12. Concept of jurisdiction against the use of
    inappropriate information by government
    departments, p. 246.
    13. Qualification hearing procedures, p 254.
    14. Testing the reliability of test results, p.
    257.
    15. Keep track of physical and documentary
    evidence, p. 266.
    Continued.
    16. Site visits.

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