Bell Canada appears to acknowledge a form of tribunal to which the characterization of administrative tribunals in Ocean Port simply does not apply. In Ocean Port, in the context of a tribunal constituted to adjudicate the policy laden question of whether, and to what degree, a licence holder had breached the conditions of a government administered privilege, the court used broad language that does not really describe the function of tribunals at the “high end” of the spectrum. The decision to grant or withhold a government licence or privilege, or the adjudication of a breach of such a licence or privilege, is a markedly different function from what is required of a tribunal constituted to try, as between citizens, issues arising in relation to a statute governing a realm of private law. As I have observed, the statute itself may reflect government policy in its terms, but adjudication as between private individuals is a judicial function, a point made in another fashion in British Columbia v. Imperial Tobacco.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.