Unjust by Design – still out there …

In the March 2017 issue of the Canadian Journal of Administrative Law & Practice (vol. 30, pp 119-144) one will find an article written by Andrew Taillon (of the Nova Scotia Department of Justice) entitled: “To the Rescue: The Grievance Arbitration Model as a Solution to Canada’s Unjust by Design Administrative Justice System Problem”.

That I am personally chuffed by the appearance of this article will be understood when one considers Mr. Taillon’s opening sentence:

“Ron Ellis’s 2013 book Unjust by Design is a powerful book that paints a convincing picture of a crisis in Canada’s System of administrative justice. ..”

It seems that the book is still out there, as it were.

Mr. Taillon’s thesis is that while Unjust by Design‘s diagnosis of the ills of the administrative justice system is correct and that, indeed, there is need for fundamental reform, Ellis’s proposed remedies are too costly and convoluted to be practicable; that instead we might want to look to an expansion and adaptation of the grievance arbitration, market-based  model of dispute resolution in the labour relations field as a practical path to structural reform in many other areas of administrative justice.

Mr, Taillon’s article is a reminder that Canada’s administrative justice system remains an affront to the rule of law and is in dire need of the concerned attention that his article exemplifies.


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