A quasi-judicial body is a non-judicial body which can interpret law. It is an entity such as an arbitration panel or tribunal board , which can be a public administrative agency but also a contract - or private law entity, which has been given powers and procedures resembling those of a court of law or judge and which is obliged to objectively determine facts and draw conclusions from them so as to provide the basis of an official action. Such actions are able to remedy a situation or impose legal penalties, and they may affect the legal rights, duties or privileges of specific parties.
20-662: The Alberta Human Rights Commission ( AHRC ) is a quasi-judicial human rights commission in Alberta , Canada, created by the provincial government . The Commission was established under and tasked with administering the Alberta Human Rights Act ( AHRA ). Its mandate is to reduce discrimination in Alberta "through the resolution and settlement of complaints of discrimination, and through human rights tribunal and court hearings." In relation to complaint resolution and settlement,
40-450: A generation. Private citizens in qui tam actions bring suit on behalf of the state but are not officers of the court , and are possibly eligible for a reward. Private citizens may have the right to make citizen's arrests under certain circumstances, despite not being sworn law-enforcement officials. Private citizens may have the right to bring citizen suits to enforce a statute . A government employee may be considered to be
60-418: A quasi-judicial body require findings of facts to reach conclusions of law that justify the decision. They usually depend on a predetermined set of guidelines or criteria to assess the nature and gravity of the permission or relief sought, or of the offense committed. Decisions of a quasi-judicial body are often legally enforceable under the laws of a jurisdiction; they can be challenged in a court of law, which
80-412: A very specific area of expertise and authority, such as land use and zoning , financial markets , employment law , public standards, and/or a specific set of regulations of an agency. The decisions of such a body are often made after a quasi-judicial proceeding , which may resemble a court. There are some key differences between judicial and quasi-judicial bodies, in that: In general, decisions of
100-462: Is an official when voting in the legislature, but a private citizen when paying taxes or when undertaking a citizen's arrest in a public place. A person may remain a private citizen even when having considerable political power and influence: ...Pericles, in his capacity as a private citizen , was able to dominate the affairs of the Athenian assembly, and to direct and guide the demos for nearly
120-412: Is the final decisive authority. The following is a partial list of quasi-judicial bodies: Some non-constitutional bodies that are quasi-judicial in nature: Private citizen A private citizen is a citizen who does not have an official or professional role in a given situation. The same person may be a private citizen in one role, and an official in another. For example, a legislator
140-792: The Alberta Human Rights Act provides that the Chief and members of the Commission are appointed by the Lieutenant Governor in Council . The current Chief of the Commission and Tribunals is Kathryn Oviatt, K.C., who was appointed in November 2022. Prior to October 2009, the position was simply referred to as the Chief Commissioner . Previous chiefs include: As of October 2023, Members of
160-788: The Canadian Human Rights Commission (CHRC), which deals with complaints relating to treatment by the federal government or a federally-regulated business. The functions of the Commission are laid out in the Alberta Human Rights Act . In particular, section 16(1) states that the function of the Commission is: (a) to forward the principle that all persons are equal in dignity, rights and responsibilities without regard to race, religious beliefs, colour, gender, gender identity, gender expression, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income, family status or sexual orientation, (b) to promote awareness and appreciation of and respect for
180-540: The Court of Appeal of Alberta upheld the decision and agreed with the lower court that Boissoin's letter was "a polemic on a matter of public interest and does not qualify as reaching the extreme limits... to expose persons to hatred or contempt," within the meaning of the Alberta Human Rights Act . Federal BC Ontario Quebec Other Quasi-judicial Such bodies usually have powers of adjudication in such matters as: Their powers are usually limited to
200-671: The Commission (who serve on human rights tribunals) are neither employees of the Government of Alberta or the Commission; they are private citizens appointed by the Lieutenant Governor in Council . Since 1999, Ladislav Mihaly, who trained as an engineer in Czechoslovakia in the 1970s, has sought accreditation as an engineer in Alberta, but the Association of Professional Engineers and Geoscientists of Alberta (APEGA) said that he did not meet its requirements. He refused to submit to any of
220-523: The Commission are: The Alberta Human Rights Commission established an Indigenous Advisory Circle in August 2021 to assist the Commission with the implementation of its Indigenous Human Rights Strategy . The Circle provides advice and guidance on best practices, community engagement, and priority actions. The Circle is composed of 12 Indigenous individuals from across the province. Members are chosen through an open competition process. In selecting Circle members,
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#1732851874153240-529: The Commission strives to include people with diverse experience and expertise (including women, 2SLGBTQ+ individuals, and persons with disabilities) from multiple cultural backgrounds. The Commission also strives to ensure the Circle includes both urban and rural perspectives. The quasi-judicial Tribunal office is the independent adjudicative arm of the Alberta Human Rights Commission. Members of
260-567: The Minister on matters related to this Act. The Commission is headed by the Chief of the Commission and Tribunals , who is tasked with informing Alberta's Minister of Justice of human rights issues, as well as providing guidance to Members of the Commission regarding such functions as their tribunal hearings, and to the Director of the Commission regarding the overall objective of the Commission. Section 15 of
280-567: The case, condemning the views expressed in the letter but arguing they should not be subject to legal sanction. On May 30, 2008, the Alberta Human Rights Panel ordered Boissoin and the Concerned Christian Coalition to refrain from publishing future disparaging remarks about homosexuals and provide Lund with a written apology and in $ 5,000 damages. On December 3, 2009, the Court of Queen's Bench of Alberta overturned
300-471: The decision of the Alberta Human Rights Panel. The Court found that the contents of the letter did not violate the Alberta Human Rights Act , and that the remedies that had been imposed were either unlawful or unconstitutional. The Court also identified "troubling aspects of the process leading to the decision of the Panel," including the inclusion of the Concerned Christian Coalition as a respondent. In October 2012,
320-562: The decision. On July 18, 2002, Dr. Darren Lund, a professor at the University of Calgary , filed a complaint with the Alberta Human Rights Commission against Reverend Stephen Boissoin and the Concerned Christian Coalition. Boisson had letter published in the Red Deer Advocate that stated, "Where homosexuality flourishes, all manner of wickedness abounds" and "Homosexual rights activists and those that defend them, are just as immoral as
340-822: The multicultural heritage of Alberta society, (c) to promote an environment in which all Albertans can participate in and contribute to the cultural, social, economic and political life of Alberta, (d) to encourage all sectors of Alberta society to provide equality of opportunity, (e) to research, develop and conduct educational programs designed to eliminate discriminatory practices related to race, religious beliefs, colour, gender, gender identity, gender expression, physical disability, mental disability, age, ancestry, place of origin, marital status, source of income, family status or sexual orientation, (f) to promote an understanding of, acceptance of an compliance with this Act, (g) to encourage and coordinate both public and private human rights programs and activities, and (h) to advise
360-462: The pedophiles, drug dealers and pimps that plague our communities." Lund's complaint alleged that Boisson's letter constituted discrimination on the basis of sexual orientation, as prohibited by Alberta's Human Rights, Citizenship and Multiculturalism Act . A one-member Alberta Human Rights Panel accepted Lund's arguments that the letter was "likely to expose homosexuals to hatred and/or contempt." The Canadian Civil Liberties Association intervened in
380-487: The primary purpose of the tribunals is adjudicative . It is headed by the Chief of the Commission and Tribunals, who is tasked with informing Alberta's Minister of Justice of human rights issues, as well as providing guidance to Commission members regarding such functions as their tribunal hearings, and to the Commission director regarding the overall objective of the Commission. Both the Chief and Commission members are appointed by Order in Council . The AHRC differs from
400-514: The technical examinations but did take a required ethics examination—and failed it, twice. Almost a quarter of Alberta's engineers are immigrants who submitted to the same examinations that Mihaly refused or failed. In 2008, he took his case to the Alberta Human Rights Commission, which ruled in February 2014 that APEGA must pay Mihaly $ 10,000, provide him with a personal mentor and form a committee to re-evaluate his credentials. APEGA successfully appealed
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