Category Archives: THE ISSUES

Administrative Justice – what to look out for in merit-based appointments processes

PREFACE Well, it is time for me to stop abusing the Prime Minister and give up the shtick of an invented conversation with him.  I hope, readers, that you did not find it too off-putting and that you were able to find the substance behind the no doubt lame rhetorical device Today’s Topic In my View Post

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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

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Yes, Prime Minister – there is a problem with your appointments process

Good morning, Prime Minister.  Appreciated your taking a peek at the administrative justice system the other day; glad to see that you are interested in talking some more. Thanks for the call. Yes, I did see your announcement that you are developing a new and “more rigorous” GIC appointments process.  It is to be designed View Post

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Administrative Justice, Quebec Style – The New Administrative Labour Tribunal

INTRODUCTION As of January 1, 2016, Quebec has merged its labour relations board with its workers’ compensation appeals tribunal into one omnibus, judicial tribunal – the “Administrative Labour Tribunal” (ALT). The legislation that effects this merger is An Act to Establish the Administrative Labour Tribunal, CQLR c T-15.1 (the Act). No doubt there will be those who View Post

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Administrative Justice in Workers’ Compensation – Post # 8: The Chilling U.S. Story

The following article was published in ProPublica in March 2015.  The story it tells provides important context and is an object lesson for Canadian workers’ comp advocates in particular but also for administrative justice advocates more generally.  It shows how badly things can go wrong when the rights of the disadvantaged are entrusted for their View Post

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Administrative Justice in Workers’ Compensation – Post # 7: Mass Adjudication and its Shortcomings

Another in the Ontario workers’ compensation series. For the introduction to the series, see Post #1 in this series, linked below Mass Adjudication: Keeping An Eye on the Ball INTRODUCTION The adjudication of claims by a benefit administrator in its adjudication role, typically involves adjudication structures designed to deal with the problems of mass adjudication. And, in View Post

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Administrative Justice in Workers’ Compensation: Post # 6: Cost-Averse Bias at Large

Another in the Ontario workers’ compensation series.  (For the introduction to the series, see Post #1  referenced below.) INTRODUCTION As recounted in workers’ comp post #3 – my hijacking post – the WSIB has deemed, incorrectly in my view, that the WSIA’s direction to it to “provide benefits in a financially responsible and accountable manner” (section View Post

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Administrative justice in workers’ compensation – Post # 5 – Charter Denial

Another in the Ontario workers’ compensation series.   For the introduction to the series, see Post #1  referenced below. PREFACE In Post #1 of this series, I addressed the problems presented by the Tribunal-Denial policy of the WSIB (Ontario Workplace Safety and Insurance Board) in which decisions of the Workplace Safety and Insurance Appeals Tribunal that View Post

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Unjust by Design Replayed – Post # 8: Shiner Review – Unjust by Design in Five

It is going on three years since Unjust by Design was published and, for those readers who perchance may not have read it, or for those who might feel the need of a brief refresher :o), here, in short compass (five pages), is the gist: Review of Unjust by Design by Professor Robert A. Shiner, View Post

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Administrative Justice in Workers’ Compensation – Post # 4: A cost-averse echo from New Brunswick – Ombudsman anyone?

Another in the Ontario workers’ compensation series. For the introduction to the series, see Post #1 in this series below Apparently, it is not only Ontario that is fixing its workers’ compensation system’s financial shortcomings through the adoption of a cost-averse bias in the adjudication of benefits. Charles Murray, New Brunswick’s Ombudsman, testifying before a Legislative View Post

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