Category Archives: Unjust by Design Issues

Prime Minister: merit-based appointments processes; what could possibly go wrong?

Prime Minister, thank you for calling again – a little late, but still…  Yes, I do realize how busy you are and I am grateful that you are making some time for me. The last time we talked, I was criticizing your projected reform of the GIC appointments process because it appeared to contemplate the View Post

 View Post

Tribunal Independence: Standing up to Politicians – A Case in Point

Facts On March 21, 2013, the BC Provincial Agriculture Land Commission refused an application for permission for a non-agricultural use of acreage located in the Agricultural Land Reserve in the area of Fort St. John. After receiving a request from the Mayor of Fort St. John to reconsider its decision “post haste” and another similar request View Post

 View Post

Judicial Tribunal Independence: Quebec CA finds renewable terms okay, strikes a blow for competence …

Background In 2001, the Quebec Court of Appeal held in Barreau du Montréal* that the appointment of members of Quebec’s Administrative Tribunal (TAQ) to fixed renewable terms would be incompatible with the Valente principles of judicial independence – and thus in breach of s.23 of the Quebec Charter – unless the renewal decisions were made by View Post

 View Post

Unjust by Design Quebec Exemption

In Unjust by Design, I exempted the Province of Quebec’s administrative justice system  from the book’s  criticism of the administrative justice system.  My explanation appears at page 27 and reads as follows: Why is my criticism of the administrative justice system not, for the most part, pertinent to Quebec’s share of that system? Quebec’s radical View Post

 View Post

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 it had never been asked before.  I now discover that I was wrong.  David Mullan, View Post

 View Post