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Difference between revisions of "Introduction to Public Complaints (5:I)"
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== A. Introduction == | |||
This chapter does not address all problems, legal or otherwise, relating to government, but it provides some general information that may assist your client. This section contains general guidelines for dealing with public bodies (e.g., the Canadian Radio-television and Telecommunications Commission, the Egg Marketing Board, or a public university). Individuals involved in the judicial review process should consult the following texts: | |||
David J Mullan, ''Administrative Law'', (Toronto: Irwin Law, 2001). | |||
*Part of the Essentials of Canadian Law series by Irwin Law, this text provides a comprehensive review of administrative law in Canada. | |||
Sara Blake, ''Administrative Law in Canada'', 5th ed (Toronto: LexisNexis, 2011). | |||
*This text provides a simple and clear review of administrative law. | |||
Donald Brown & John M Evans, ''Judicial Review of Administrative Action in Canada'', loose-leaf (Toronto: Canvasback Publishing, 1998). | |||
*This regularly updated three-volume text provides a more detailed review of administrative law. | |||
== B. Governing Legislation and Resources == | |||
=== 1. Legislation === | |||
''Federal Courts Act'', RSC 1985, c F-7. | |||
''Judicial Review Procedure Act'', RSBC 1996, c 241. | |||
=== 2. Resources === | |||
David Mossop, Kendra Milne & Jess Hadley, ''Representing Yourself in a Judicial Review'', 2d ed (Vancouver: Community Legal Assistance Society, 2010), online: <clasbc.net/publications>. | |||
The Ombudsperson of BC website: http://www.ombudsman.bc.ca. | |||
== C. Step One: Informal Review == | |||
Disputes with government agencies can often be resolved through informal communication. Agencies often make initial decisions based on misperceptions, without all relevant information. Sometimes the most difficult part of an advocate’s job is to locate the person making the decision or someone in a position to review the decision. Before pursuing more drastic (and often expensive) avenues, try to locate this person and ensure that they have been provided with all relevant information. | |||
== D. Step Two: Formal Review == | |||
Most government agencies have some sort of formal review process. For some agencies there is little difference between formal and informal review, while others have sophisticated, published processes | |||
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