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First Appearance Before or Initial Conflict With or Within the Board
Who makes the rules, anyway?
Whether you've applied for a permit, complained to a tribunal, or served with a non-profit, you've likely interacted with administrative authority. Often, these bodies have more control over day-to-day decisions than the judiciary, the elected officials, or society broadly.
I can help you navigate these processes, whether you are appearing before an administrative power or your not-for-profit society needs general assistance through a conflict.
Rights of Appeal and Redress
How do I fix it?
Administrative power often has checks and balances. The law may provide a right of appeal to another board, to the Courts, or to a political entity. Although I avoid generalizations about any area of the law, it is safe to say that most of these rights of appeal are specific, technical, and time-limited.
All appeals require careful planning, detailed execution, and a keen eye towards the ultimate outcome that you wish to achieve with the original application. The appellate is often limited to a narrow scope of appeal. The actual appeal may be heard based on the record of what was presented at the first instance, or it may require new evidence.
Exercising your rights of appeal may require specific, careful planning and execution.
Procedural Fairness and Natural Justice
Is it fair?
It is imperative that you are treated fairly by decisionmakers. Courts have developed a series of constraints on decisionmakers, referred to as Natural Justice, which encourage fairness and justice. These constraints are often specific to the situation at hand, can be difficult to describe, and can often only be enforced by a Court.
It is far from a simple process to hold a given administrative body accountable to the principles of natural justice, but such accountability can be critical to ensuring a fair hearing and getting to your desired outcome.
You always have a right to natural justice and procedural fairness.
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