Unjust by Design Issues

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 …

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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 …

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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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