Alberta Court of Justice: Civil Litigation/ Alberta Tribunals & Federal Tribunals

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Civil Litigation

The Civil Division of the Alberta Court of Justice provides a simple, affordable, and accessible means to resolve most types of private disputes, including landlord and tenant matters. Some parties chose not to hire a lawyer to represent them, but others may have a lawyer or agent to represent them at their own expense. The maximum amount that may be claimed in the Alberta Court of Justice Civil division is $100,000. If the claims exceed $100,000 or involve matters that cannot be heard in the Alberta Court of Justice, the claim must be filed in the Court of King's Bench. 

Civil Claim Process

This is where one party chooses to sue another party. Once a Civil Claim is filed the action goes through many steps to reach a resolution, and it may ultimately come before a judge for a legal decision. However, there are many things to consider.

Small Claims

Alberta Tribunals 

Role and Function of the Tribunal in Alberta's Human Rights System

The Tribunal serves as a vital, independent adjudicative body within Alberta's human rights framework, playing a crucial role in upholding the principles of fairness, justice, and impartiality. Its primary responsibility is to hear and decide cases related to violations of human rights that fall within its jurisdiction, which are formally filed under the province's legislation. The Tribunal operates independently of the Alberta Human Rights Commission to ensure that its decisions are free from external influence, maintaining objectivity and integrity in the adjudication process.

Pre-Complaint Resolution Process

Before a complaint reaches the Tribunal, it must undergo a mandatory resolution process managed by the Commission related to that Tribunal. This process is designed to facilitate the amicable resolution of disputes and to reduce the burden on the Tribunal by resolving issues at an earlier stage. The steps involved include:

  • Initial Complaint Submission: The complainant submits a detailed account of the alleged human rights violation, outlining the nature of the issue and the parties involved.
  • Preliminary Review: The Commission conducts an initial assessment to verify the complaint's validity and determine whether it falls within the jurisdiction of the Tribunal.
  • Alternative Dispute Resolution: The Commission attempts to resolve the dispute through methods such as mediation or conciliation, aiming for an amicable settlement without the need for formal hearings.

If these efforts do not result in resolution, the complaint is then referred to the Tribunal for a formal hearing. This structured process ensures that cases are thoroughly examined, and parties are given opportunities to resolve disputes informally before proceeding to adjudication.

The Tribunal's Adjudicative Role

Once a case reaches the Tribunal, its role is to conduct fair and impartial hearings, evaluate evidence presented by both parties, and issue legally binding decisions based on the merits of each case. The Tribunal's independence from the Commission guarantees that its rulings are solely based on the facts and applicable laws, without external influence or bias. This independence is fundamental to maintaining public confidence in the fairness of the process.

Summary and Significance

In summary, the Tribunal functions as the final authority for human rights complaints in Alberta, but only after the complaint has been processed through the Commission's resolution procedures. This two-tiered system promotes fairness, efficiency, and justice by encouraging early resolution and ensuring that cases are only escalated to formal adjudication when necessary. The combined approach helps uphold the integrity of Alberta's human rights system, ensuring that individuals' rights are protected and that violations are addressed in a manner that is both just and effective.

List of Tribunals we represent you in.

AHRC-Human Rights Commission

Residential Tenancy Dispute Resolution Service

Alberta Labour Relations Board

Alberta Employment Standards Appeals

 

Federal Tribunals

Tribunals in Canada: An Overview

Tribunals in Canada play a crucial role in the administrative justice system, serving as specialized bodies with the authority to adjudicate disputes, interpret laws, and make decisions on various claims. These tribunals are established through legislation at both federal and provincial levels, ensuring their authority and jurisdiction are clearly defined within the legal framework of the country.

Definition and Function of Tribunals

Generally, tribunals refer to any persons or institutions endowed with the authority to judge, adjudicate, or determine claims or disputes. They are distinct from courts in that they often handle specific types of cases, such as immigration, labor disputes, or administrative appeals. Their primary function is to provide a specialized, accessible, and efficient mechanism for resolving disputes outside the traditional court system.

Administrative Tribunals: A Quasi-Judicial Body

Among the various types of tribunals, administrative tribunals are particularly significant. These are quasi-judicial bodies that make decisions on behalf of federal or provincial/territorial governments. They are often tasked with resolving issues where it is impractical or inappropriate for the government to intervene directly. For example, administrative tribunals may handle cases related to employment standards, social benefits, or licensing matters.

Appointments to these tribunals are typically made by order-in-council, a formal process where the government, usually the executive branch, appoints members based on recommendations or criteria set out in legislation. This process ensures that tribunal members are qualified and impartial, maintaining the integrity of the decision-making process.

Federal Tribunals in Canada

Federal tribunals operate under the jurisdiction of the federal government and are responsible for matters that cross provincial boundaries or fall under federal legislation. Examples include the Immigration and Refugee Board, the Canadian Radio-television and Telecommunications Commission (CRTC), and the Competition Tribunal. These tribunals are essential for implementing federal policies and ensuring compliance with national laws.

Federal tribunals are governed by specific statutes that outline their powers, procedures, and scope of authority. They often have specialized expertise in their respective areas, enabling them to make informed and consistent decisions. Their rulings can typically be appealed to higher courts, but they are generally given deference due to their expertise and specialized knowledge.

Conclusion

In summary, tribunals in Canada serve as vital components of the administrative justice system, providing specialized, efficient, and accessible dispute resolution mechanisms. Whether established at the federal or provincial level, these bodies uphold the rule of law and ensure that government actions are subject to fair and impartial adjudication.

List of Federal Tribunals we represent you in.

Privacy Commissioner of Canada

Canadian Broadcast Standards Council

Canadian Human Rights Tribunal

Occupational Health and Safety Tribunal Canada

Transportation Appeal Tribunal of Canada

 

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