What is a Tribunal?
A tribunal is a quasi-judicial body that hears and decides cases on a particular issue or area of law. Tribunals are often used to resolve disputes that cannot be resolved through the courts, or to provide a more informal and less expensive way of resolving disputes.
Types of Tribunals
There are many different types of tribunals, each with its own jurisdiction and procedures. Some common types of tribunals include:
- Administrative tribunals: These tribunals hear cases involving government agencies or other public bodies. For example, the Social Security Tribunal hears appeals from decisions made by the Canada Revenue Agency.
- Employment tribunals: These tribunals hear cases involving employment disputes, such as wrongful dismissal or discrimination.
- Family law tribunals: These tribunals hear cases involving family law matters, such as divorce, child custody, and child support.
- Land tribunals: These tribunals hear cases involving land disputes, such as disputes over property boundaries or zoning regulations.
- Tax tribunals: These tribunals hear cases involving tax disputes, such as disputes over the amount of tax owed or the interpretation of tax laws.
How do Tribunals Work?
Tribunals typically have a panel of three or five members, who are appointed by the government. The members of a tribunal are usually experts in the area of law that the tribunal deals with.
Tribunals follow a set of rules and procedures, which are usually set out in legislation. The rules and procedures of a tribunal will vary depending on the type of tribunal and the jurisdiction in which it operates.
In general, tribunals are less formal than courts. The rules of evidence are usually less strict, and the parties are usually allowed to represent themselves.
Tribunals usually have the power to make orders, such as orders for damages, injunctions, or declarations. The orders of a tribunal can be appealed to a higher court.
Advantages of Tribunals
There are several advantages of using tribunals to resolve disputes. Tribunals are often seen as being more accessible and user-friendly than courts. They are also usually less expensive than courts.
Tribunals are also often seen as being more efficient than courts. They can often hear cases more quickly and at a lower cost than courts.
Tribunals are also often seen as being more specialized than courts. The members of a tribunal are usually experts in the area of law that the tribunal deals with. This can make them better able to understand the complex issues involved in a case.
Disadvantages of Tribunals
There are also some disadvantages of using tribunals to resolve disputes. Tribunals are not always seen as being as impartial as courts. The members of a tribunal are usually appointed by the government, which can lead to concerns about bias.
Tribunals are also not always seen as being as fair as courts. The rules of evidence are usually less strict in tribunals, which can lead to concerns about the fairness of the process.
Tribunals are also not always seen as being as transparent as courts. The hearings of tribunals are usually not open to the public, which can lead to concerns about accountability.
Conclusion
Tribunals are an important part of the justice system. They provide a more accessible, user-friendly, and efficient way of resolving disputes than courts. However, there are also some disadvantages to using tribunals, such as concerns about impartiality, fairness, and transparency.
Frequently Asked Questions
What is the difference between a tribunal and a court?
A tribunal is a quasi-judicial body that hears and decides cases on a particular issue or area of law. A court is a government body that has the power to decide legal disputes.
What are the advantages of using a tribunal?
Tribunals are often seen as being more accessible and user-friendly than courts. They are also usually less expensive than courts. Tribunals are also often seen as being more efficient than courts. They can often hear cases more quickly and at a lower cost than courts. Tribunals are also often seen as being more specialized than courts. The members of a tribunal are usually experts in the area of law that the tribunal deals with. This can make them better able to understand the complex issues involved in a case.
What are the disadvantages of using a tribunal?
Tribunals are not always seen as being as impartial as courts. The members of a tribunal are usually appointed by the government, which can lead to concerns about bias. Tribunals are also not always seen as being as fair as courts. The rules of evidence are usually less strict in tribunals, which can lead to concerns about the fairness of the process. Tribunals are also not always seen as being as transparent as courts. The hearings of tribunals are usually not open to the public, which can lead to concerns about accountability.