2013-17 Archives

Social Security Tribunal – Chair and Vice-Chairs Status “Intrinsically Precarious”

 Social Security Tribunal Chairperson and Three Vice- Chairpersons Serve at Pleasure In 2009, the Federal Court ruled that Linda Keen’s “designation” as President of the Canadian Nuclear Safety Commission constituted an appointment at pleasure – an appointment which made her […]

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Tribunal Independence – Manitoba Acknowledges Renewable Fixed Terms not Compatible with Independence

Preface It was recently brought to my attention that the Manitoba Attorney General’s  Factum in the Senate reform reference before the Supreme Court of Canada, which was filed on August 27, 2013, contained a significant argument about the incompatibility of

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Independence & Impartiality of Adjudicative Tribunals – Application for Leave to Appeal Consitutional Decision of Sask. CA in Labour Board Case

An application for leave to appeal Saskatchewan Federation of Labour v. Government of Saskatchewan, 2013 SKCA 61 (CanLII), to the Supreme Court of Canada was filed with the Supreme Court on September 5th.  The Applicant is the Saskatchewan Government and General

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Standard of Review – Deference Owed Only to Independent & Impartial Tribunals – Not a Novel Thought After All

In Unjust by Design, I asked this question: Are courts justified in applying a “deference as respect” standard of review to dependent and biased tribunals? I thought this was an important question (I still do), but I also believed that

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