R. Ellis

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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Unjust by design, Canada’s Administrative Justice Gets no Respect

In UBD, at page 133, the following appears: With its political patronage and at-pleasure appointments; with its seconding of dependent government employees to “independent” tribunals; with its policy of short, fixed-term appointments, arbitrary reappointments, and, especially, idiosyncratic removals; with the exposure of tribunal

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