Administrative Tribunals In Canada

Authors Note: This paper is being submitted on the 18th of March 2013 for the winter semester of Medical Law and Ethics section 05.

Many Canadian citizens would argue that The Canadian Independent Justice System is a threat to democracy. An independant Justice system is when the courts do not depend or rely on the government. They operate on their own and are independent from any government organizations. The Canadian independent Justice System is beneficial and good for democracy because the Judges can not be intimidated by the threat of losing their job, the court system allows appeals, and judges must abide to The Canadian Charter of Rights. The Canadian Independent Justice System is not a threat to democracy.

The courts have generally supported NHS decisions about rationing. Critically analyse this statement with reference to the judicial reviews of NHS decisions not to pay for a treatment.

The Special Joint Committee of the House of Commons and the Senate was implemented in 1980 in the wake of the Quebec referendum on independence. The goal of the committee was to hear submissions from the public on amendments to the Constitution. In a three-month consultation period, 914 individuals and groups submitted briefs before the committee (Clément, 2015). Hoping to have a direct impact on the Canadian constitution and the Charter of Rights and Freedoms, five organizations

In many ways, the hospital system in America is set up mirroring our government. They are similar in the way that checks and balances have been set in place to ensure the best possible care is delivered to patients. With these checks and balances there are three main bodies; the governing board, medical staff, and executive management (Showalter, 2017). The duties and responsibilities of each body many times is to oversee and continually check the others. A prime example of this system can be seen through the case of Moore v. The Board of Trustees of Carson-Tahoe Hospital, which took place in Nevada and was heard before the Supreme Court of the state in 1972 (Moore v. Board of Trustees of Carson-Tahoe Hospital, 1972). Specifically, in this case, the duty of the governing board to “exercise reasonable care in selecting and retaining medical staff” is questioned in contrast with the right of the physician to have “due process… when disciplinary action is taken” (Showalter, 2017). In hopes of changing a decision by the governing board, and attempting to reverse the decision of a lower court, the appellant, Dr. Moore, brought the case against Carson-Tahoe Hospital (Moore v. Board of Trustees of Carson-Tahoe Hospital, 1972).

[of] a decision, policy or practice" that Khajavi reasonably believed, consistent with the standards of his profession, impaired his ability to provide medically appropriate health care to a patient within the meaning of section 2056. Indeed, the trial court had considered the evidence sufficient to go to the jury on this claim before it erroneously narrowed its interpretation of section 2056.

[of] a decision, policy or practice" that Khajavi reasonably believed, consistent with the standards of his profession, impaired his ability to provide medically appropriate health care to a patient within the meaning of section 2056. Indeed, the trial court had considered the evidence sufficient to go to the jury on this claim before it erroneously narrowed its interpretation of section 2056.

Victorian Civil and Administrative Tribunal (VCAT) is a state tribunal for the Victorians that help and guide to resolve disputes on different aspects including Building and Property, Civil Disputes, Equal Opportunity, Guardians-Administrators, Joint Property and Water, Legal Practice, Owners Corporations, Retail Tenancies, State Taxation, Business Regulation, Domestic Building, FOI-TAC and other Claims, Health- Privacy / Disability Act, Land Valuation, Mental Health, Planning and Environment and Residential Tenancies.

The Canada Healthcare act [R.S. 1985, c. C-6] passed in 1984. It ensures that all residents of Canada have an equal access to necessary physician services, no extra billing from physicians and hospital. The act is on five main principles, Public administration necessary services are to offer on a non-profit basis. Next, accessibility coverage with no extra charges and comprehensiveness coverage for all medically necessary services at all times. Portability coverage is to extend to all residents in all provinces and territories. The fifth principle is universality coverage for all eligible residents of all provinces and territories (SEDAP, 2007).

This essay will argue that the decision reached in Cattanach v Melchior [2003] was the correct one. Supporting this argument is the courts departure from the principles established in McFarlane v Tayside Health Board [1999].Additionally, Cattanach extends itself by attempting to address and give legal clarity to the idea of compensable harm in relation to negligence of medical practitioners. This has ultimately led to Cattanach establishing a positive framework, previously not recognised by the courts, to award damages for the torts of wrongful birth and wrongful life. Finally, the reaction to Cattanach on the judicial and executive branches of government have had significant impact on shaping public policy in relation to these complex issues.

It is recognised that Australia’s System of decision making in the court is in need of reform, if the

The consequences of the senate not being able to reform have been western provinces feeling like they are left out in the process of decision-making, policy making and other legislative decisions made by the federal government. “The senate was envisioned as a legislative body that would serve several functions in addition to legislation”(Lawlor, Crandol,2013). The senate is refereed as the sober second thought in terms of legislation review but the second thought is rarely concerning the western provinces. Western alienation is caused by regional misrepresentation which is mainly caused by the senate. According to Lawlor, some provincial governments have challenged the unilateral approach by the senate to restructure itself. However the Supreme Court Of Canada will consider a reference case on the constitutional status of senate reform in November 2013. This means that the senate may be reformed this year, the western provinces would prefer a senate that can represent their interests. The senate may need a reform in order to remove the discrimination of the west but in order to do this, it must reform the whole committee that the senate works with.

Is our NSW court system effective? It is if you have money. Is it something that we can just adhere to with out ever allowing it to adapt and evolve to meet societies needs? Absolutely not. Just like humanity, the NSW court system contains protruding faults that are made apparent with further scrutiny. The court system is something that requires our constant attention and support to improve and advance. In order for the court system to attain eligibility it relies heavily on 4 fundamental components; affordability, simplicity, fairness and accessibility. For countless Australians our legal system is lacking on all these fronts.

The accused, Erin Lee MacDonald was charged for handling a firearm in a careless manner without taking erasable precautions for the safety of others and for possessing a loaded restricted firearm without having an authorization license stating he could do so. The case was on appeal from the Court of Appeal of Nova Scotia and was heard by the Supreme Court of Canada in 2014. The judgment of McLachlin C.J. and LeBel, Fish and Abella JJ. was delivered by LeBel J.

In 2011, three legal and constitutional scholars, Peter Aucoin, Mark D. Jarvis and Lori Turnbull set out to write a book detailing what they believed to be obvious and egregious errors in the way in which the current form of responsible government as it was practiced in the Canadian federal government, fell short of operating within basic democratic parameters. Canada has a system that is based one the Westminster system, in which its the Constitution act of 1867 is influenced by British principles and conventions. “Democratizing the Constitution reforming responsible government” is a book that makes an analysis for the reform of responsible government in Canada. The authors believe that from the unclear rules, pertaining to the role and power of the prime minster foresees for a failing responsible government. In this essay the functions of the government , conventions of the constitution, the a proposal for reform will be addressed.