This training course has been designed to ensure that NWT Board Forum members have the knowledge & tools required to …

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About Course

This training course has been designed to ensure that NWT Board Forum members have the knowledge & tools required to make effective and independent decisions that meet the requirements under administrative law.

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Curriculum

    • Administrative Law Training Course (Part 1) 00:00:03
    • Before You Begin 00:00:00
    • Before You Begin 00:00:00
    • About the NWT Board Forum 00:00:13
    • Purpose of this Course 00:00:14
    • Learning objectives 00:00:44
    • Overview of the Guide 00:00:30
    • Part 1: Understanding the Concepts of Administrative Law 00:00:00
    • Introduction to Administrative Law for Co-management Boards in the NWT 00:00:07
    • What is administrative law? 00:00:46
    • Key elements of administrative law 00:01:00
    • What is “natural justice”? 00:00:40
    • Co-management Boards in NWT 00:01:00
    • Co-management Tribunals (1/4) 00:00:57
    • Co-management Tribunals (2/4) 00:00:55
    • Co-management Tribunals (3/4) 00:00:31
    • Co-management Tribunals (4/4) 00:00:30
    • AL Exercise 1-1: Search and Find 00:20:00
    • Tribunals and Jurisdiction 00:00:26
    • Lesson 2: Topics Covered 00:00:00
    • What is an Administrative Tribunal? 00:00:30
    • Administrative Tribunals (1/3) 00:00:23
    • Administrative Tribunals (2/3) 00:00:27
    • Administrative Tribunals (3/3) 00:00:42
    • Tribunals and jurisdiction 00:00:32
    • Tribunals powers 00:01:00
    • Tribunal’s jurisdiction 00:00:25
    • Tribunal independence 00:01:00
    • Key administrative law concepts 00:00:25
    • Tribunals – from administrative to quasi-judicial functions (1/4) 00:00:41
    • Functions of Administrative Tribunals 00:01:00
    • Functions of Co-management Boards 00:00:41
    • Tribunals – from administrative to quasi-judicial functions (2/4) 00:00:36
    • Tribunals – from administrative to quasi-judicial functions (3/4) 00:00:42
    • Tribunals – from administrative to quasi-judicial functions (4/4) 00:00:36
    • Judicial review of administrative actions 00:01:00
    • Standard of review (1/2) 00:00:29
    • Standard of review (2/2) 00:00:34
    • AL Exercise 2-1: Tribunals and Jurisdictions 00:20:00
    • Duty to Be Fair 00:00:46
    • Lesson 3: Topics covered 00:00:00
    • Duty to Be Fair 00:00:17
    • Background on the Duty to Be Fair 00:00:46
    • 3 Principles of the “Duty to be Fair” 00:00:42
    • What if a decision is unfair? 00:00:45
    • Tribunals and discretion 00:00:25
    • Principle 1: Know the case against them 00:00:37
    • Steps for “Knowing the case” 00:00:01
    • Co-management Board procedures, rules, policies and fairness 00:00:44
    • Principle 2: “Right to be heard” 00:00:49
    • “Right to be heard” includes interpretation 00:00:38
    • Official Languages 00:00:56
    • AL Exercise 3-1: Duty to be Fair 00:20:00
    • AL Exercise 3-2: Duty to be Fair Scenario 00:30:00
    • The Impartial Decision-maker 00:00:27
    • Lesson 4: Topics covered 00:00:00
    • Principle 3: Impartial decision-maker 00:00:28
    • Principles of Impartiality 00:01:00
    • Bias and Conflict of Interest (1/3) 00:00:40
    • Bias and Conflict of Interest (2/3) 00:00:12
    • Types of Bias 00:00:13
    • Bias and Conflict of Interest (3/3) 00:00:52
    • Apprehension of bias and the test for bias 00:00:19
    • Bias arising from involvement of others in Tribunal decisions  00:00:38
    • Bias in a Tribunal: Objections and waiver 00:00:24
    • Response to a bias challenge 00:00:26
    • Bias and conflict: Tribunal governance 00:00:37
    • Effects of a conflict of interest or bias 00:00:38
    • Uniqueness of Northern Tribunals 00:00:37
    • AL Exercise 4-1: The Impartial Decision-Maker 00:20:00
    • AL Exercise 4-2: The Impartial Decision-Maker Scenario 00:15:00
    • Part 2: Making Good Decisions 00:00:00
    • Gathering and Working with the Evidence 00:00:25
    • Lesson 5: Topics covered 00:00:00
    • PART A. EVIDENCE AND THE RECORD 00:00:00
    • Example of a legal proceeding 00:01:00
    • What is evidence? (1/2) 00:00:27
    • What is evidence? (2/2) 00:00:34
    • Rules of evidence 00:00:37
    • Purpose of evidence 00:00:22
    • Types of evidence (1/2) 00:00:15
    • Types of evidence (2/2) 00:00:00
    • What is the record? 00:00:26
    • The record and public registries distinguished (1/2) 00:00:38
    • The record and public registries distinguished (2/2) 00:00:16
    • PART B. GATHERING THE EVIDENCE NEEDED FOR THE PROCEEDING 00:00:00
    • Gathering the evidence needed 00:00:16
    • Gathering evidence: Issues with witnesses 00:01:00
    • Gathering evidence: Cross-examination of witnesses (1/2) 00:00:30
    • Gathering evidence: Cross-examination of witnesses (2/2) 00:00:36
    • Gathering evidence: Who asks the questions? 00:00:28
    • Gathering evidence: Undertakings 00:00:56
    • Gathering evidence: Expert witnesses (1/2) 00:00:43
    • Gathering evidence: Expert witnesses (2/2) 00:00:28
    • Gathering evidence: Traditional Knowledge (1/2) 00:00:52
    • Gathering evidence: Traditional Knowledge (2/2) 00:00:23
    • How do you get evidence on the record? (1/2) 00:00:57
    • How do you get evidence on the record? (2/2) 00:00:19
    • Distribution of evidence to the parties 00:00:48
    • Distribution of evidence to the parties: Privileged and confidential information (1/4) 00:01:00
    • Distribution of evidence to the parties: Privileged and confidential information (2/4) 00:00:34
    • Distribution of evidence to the parties: Privileged and confidential information (3/4) 00:00:53
    • Distribution of evidence to the parties: Privileged and confidential information (4/4) 00:00:38
    • Closing the record 00:00:31
    • PART C. WORKING WITH THE EVIDENCE 00:00:00
    • Working with evidence 00:00:26
    • How does information become fact? 00:00:21
    • Using evidence to determine the facts 00:00:16
    • Questions to ask when deciding upon the admission of evidence 00:00:14
    • Determining relevance 00:00:55
    • Inadmissibility and the exclusion of evidence (1/2) 00:00:42
    • Inadmissibility and the exclusion of evidence (2/2) 00:00:01
    • Tribunal members’ personal knowledge or expertise 00:00:29
    • Weighing the evidence (1/2) 00:00:21
    • Weighing the evidence (2/2) 00:00:12
    • Irrelevant or weightless evidence 00:00:42
    • Lesson 5: Conclusion 00:00:45
    • AL Exercise 5-1: Evidence and the Record Quiz 00:20:00
    • AL Exercise 5-2: Gathering the Evidence Quiz 00:20:00
    • AL Exercise 5-2: Gathering the Evidence Scenario 00:40:00
    • AL Exercise 5-3: Working with the Evidence Quiz 00:10:00
    • AL Exercise 5-3: Working with Evidence, Scenario A 00:15:00
    • AL Exercise 5-3: Working with Evidence, Scenario B 00:15:00
    • Making Decisions 00:00:26
    • Lesson 6: Topics covered 00:00:00
    • Decision-making process for Co-management Boards 00:00:57
    • Example of a systematic approach 00:00:00
    • Decision-making process 00:00:00
    • Step 1: Clarify the issues 00:00:53
    • Step 2: Identify the relevant evidence 00:00:34
    • Step 3: Identify and resolve disputes 00:01:00
    • Step 4: Make findings on the facts (1/2) 00:00:35
    • Step 4: Make findings on the facts (2/2) 00:00:36
    • Step 5: Clarify the arguments (1/4) 00:00:31
    • Step 5: Clarify the arguments (2/4) 00:00:00
    • Step 5: Clarify the arguments (3/4) 00:00:38
    • Step 5: Clarify the arguments (4/4) 00:00:41
    • Step 6: Make the decisions, set out the reasons (1/4) 00:00:42
    • Step 6: Make the decisions, set out the reasons (2/4) 00:00:28
    • Step 6: Make the decisions, set out the reasons (3/4) 00:00:19
    • Step 6: Make the decisions, set out the reasons (4/4) 00:00:21
    • AL Exercise 6: Making a Decision 00:20:00
    • Writing Decisions 00:00:20
    • Lesson 7: Topics covered 00:00:00
    • Writing a good decision (1/4) 00:00:27
    • Writing a good decision (2/4) 00:00:47
    • Writing a good decision (3/4) 00:00:26
    • Writing a good decision (4/4) 00:00:24
    • AL Congratulations on Completing This Course! 00:00:00

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