Prologue In Valente, and in the jurisdiction Valente spawned, the Supreme Court has specified the structural guarantees that are necessary for a judicial tribunal or its members to meet the rule of law requirements for judicial independence and impartiality and, as […]
Deference: Constitutionally Permissible in Canada’s Current System? (Several Comments) Read More »
Introduction it is easily argued that because of the nature of the executive branch’s administrative justice strategies and tactics, most judicial tribunals outside of Quebec fail to conform to one or more of the common law prerequisites for judicial independence. Chapter 7 of
Judicial Tribunal Decisions: Are they all Invalid? Read More »
The Question Once one acknowledges that the current regime of short-term, renewable appointments of judicial tribunal members cannot possibly be squared with either the constitutional or common law requirements of judicial independence, one is then faced with this question: Is
Tribunal Appointments – Life-Tenured? No Read More »
One of Unjust by Design’s (the book’s) principal concerns is with the administrative justice system’s structures and the fact that those structures are egregiously incompatible with the rule of law and the Constitution. The Law Both the common law of
Independence and Impartiality Read More »
Prologue When governments are preoccupied with deficit reduction, the budget problem for judicial tribunals, never good in the best of times, gets much worse. On February 1, 2013, Ian Strachan, Chair of the Ontario Workplace Safety and Insurance Appeals Tribunal,
UNJUST BUDGETS – Constitutionally Valid? Read More »