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 […]
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
Social Security Tribunal – Chair and Vice-Chairs Status “Intrinsically Precarious” Read More »
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
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
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