The Tribunal Hearing
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This page provides a series of questions and answers about the administrative justice system and how tribunals, that are part of that system, conduct their work. To view the answers to these questions, you can use the highlighted questions as electronic links.
How do tribunals conduct hearings and what are the steps in a hearing?
Who conducts tribunal hearings?
What are the hearing panel’s responsibilities?
Are tribunal hearings open to the public?
Can the media attend tribunal hearings? Can they use cameras or recording devices in the hearing room?
Are tribunal hearings recorded and can a party make their own recording of a hearing?
Who can actively participate at a tribunal hearing?
Who can give evidence at a hearing and how?
Do I need to have a lawyer if I am involved in a tribunal hearing?
What are submissions (“arguments”) and how are they made?
How long do tribunal hearings take?
Can a hearing be adjourned?
Where can I learn more about how to prepare for a tribunal hearing
- How do tribunals conduct hearings and what are the steps in a hearing?
Tribunals may conduct their hearings:
- in-person, with all of the parties present in the same room
- in writing, based on the written documents and submissions that have been provided to it by the parties
- by telephone, or possibly even video conferencing where facilities are available.
Tribunal hearings are generally less formal than court hearings, but most tribunals have rules about who gets to speak and when.
The panel will usually start the hearing with
- a brief introduction of the people present,
- a summary of the issues to be decided,
- a description the rules or policies to be followed that will guide the order of the hearing.
Parties may be asked or permitted to give an opening statement, and will then give their own evidence and/or ask their witnesses to give their evidence. These witnesses may be asked questions by the other party and the hearing panel. The hearing panel will likely ask the person who started the process to go first, but can ask the respondent to go first, if that makes more sense.
Once the evidence is complete, each party may make submissions, often in-person but sometimes limited to written submissions. The hearing panel will then make a decision. More detail about each of these steps is set out below.
- What are the hearing panel’s responsibilities?
The hearing panel is responsible for conducting a fair and orderly hearing. To do that, the panel will apply the tribunal’s rules for its hearings and has authority to make rulings during the hearing, such as:
- if evidence is admissible, or
- if a question must be answered.
On a three-member panel, one of the members will be designated as the chair, and he or she will have primary responsibility to ensure the orderly conduct of the hearing. All three members will participate equally in making the final decision on the issues.
The panel is responsible for carefully considering the evidence, the applicable legislation, case law and any policies, and for making a decision that is fair and impartial.
- Are tribunal hearings open to the public?
Tribunals are usually required to conduct their hearings open to the public, but in some very sensitive types of circumstances a tribunal may be able to limit or restrict access. If this is a concern for you, you will need to check with the tribunal to see whether it can restrict access and in what situations. You should make these inquiries in advance of the hearing.
Many tribunals post a list of upcoming hearings on their websites, or you can find out about up-coming hearings by calling the tribunal office. Attending a tribunal hearing can be an excellent way to learn how the tribunal hearings are conducted, so you can prepare more effectively for your own hearing.
- Can the media attend tribunal hearings? Can they use cameras or recording devices in the hearing room?
Can the media attend tribunal hearings? If the hearing is open to the public, then usually the media can also attend, but there may be restrictions on the use of cameras or recording devices in the hearing room, so media representatives should check with the tribunal in advance of the hearing.
If you are a party, and you object to the media using cameras or recording devices in the hearing room, you will need to raise that with the tribunal or hearing panel as soon as you are aware that this may be an issue. The tribunal or hearing panel will give consideration to your request, but may still let the camera or recoding device be used.
- Are tribunal hearings recorded and can a party make their own recording of a hearing?
Hearings are not usually required to be recorded. Even if a hearing is recorded, written transcripts are not usually made. If you want a transcript, you may have to pay for it, which can be quite costly.
The tribunal may place restrictions on using cameras or recording devices in the hearing, so anyone who wants to make a recording should check with the tribunal in advance.
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- Who can actively participate at a tribunal hearing?
While members of the public can usually attend a hearing, generally only the people directly involved may actively participate at the hearing. These are the “parties” – often called the applicant or appellant (the person asking the tribunal to resolve the dispute or to determine the claim) and the respondent (the person responding to the request).
If necessary, a party may ask to have an interpreter present, but you should check with the tribunal in advance about any rules it may have for interpreters.
In addition, an individual or group who believes they have a direct interest in the matter and/or they can bring a valuable perspective to the hearing process, may apply to the tribunal to be granted status as an “intervener”. This type of application should be made to the tribunal well in advance of the hearing date. When deciding whether to grant intervener status, the tribunal will consider what the applicant and respondent have to say and if intervener status is given, may limit the extent of the intervener’s participation (for example, by limiting the right to introduce evidence, raise issues, cross-examine witnesses, or make submissions).
- Who can give evidence at a hearing and how?
Typically any party may give evidence or ask other people to attend and give evidence at a hearing. The party or other witnesses may be asked to take an oath or give an affirmation about the truthfulness of what they will say.
Many tribunals require advance notice if a party intends to call any witnesses and also that copies of any documents the witness may refer to are provided to the tribunal and to the other parties, in advance of the hearing.
- Do I need to have a lawyer if I am involved in a tribunal hearing?
Tribunal hearing processes are intended to be simple and easy to understand so that lawyers are not necessarily required. It is always up to the person to decide if they think they need a lawyer.
- What are submissions (“arguments”) and how are they made?
After all the evidence has been given, the parties are given the opportunity to briefly tell the tribunal why it should find in their favour. This is often done in-person, but can sometimes be limited to written submissions. New evidence can not be given in this stage of the process, but if there are legal issues related to the dispute, the applicable legislation and case law may be referred to, and copies presented to the hearing panel. Legislation and case law are not evidence.
- How long do tribunal hearings take?
The length of a tribunal hearing can vary from as little as one hour to up to several weeks, depending on how complex the dispute or claim might be.
- Can a hearing be adjourned?
Each tribunal will have its own rules about if and under what circumstances a hearing can be adjourned, so you need to check with the tribunal. Adjournments are not always permitted and some tribunals have to make their decisions within a short time limit, so they may not be able to give an adjournment.
- Where can I learn more about how to prepare for a tribunal hearing?
You should contact the tribunal directly. Some information about how to contact various BC tribunals can be found at Administrative Tribunals in British Columbia. In addition, many tribunals post a list of upcoming hearings on their websites, or you can find out about up-coming hearings by calling the tribunal office. Attending a tribunal hearing can be an excellent way to learn how the tribunal hearings are conducted, so you can prepare more effectively for your own hearing.
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