At issue in Association of Administrative Law Judges v. Colvin, was a directive issued by the chief administrative law judge of the Social Security Administration, setting out the following “goal” for administrative law judges: each one was to “manage their docket in such a way that they will be able to issue 500–700 legally sufficient […] Read more

There is a piece in the latest print issue of Maclean’s magazine (sub only) on a very interesting Federal Court case from earlier this month: Muhammad v. Canada (Citizenship and Immigration), 2014 FC 448. M’s details were posted on what I have dubbed “Canada’s Least Wanted“, the Canadian Border Services Agency’s ‘wanted‘ list of immigration […] Read more

Having worked at the tribunal coalface for many years, Ron Ellis is very well placed to comment on the independence of Canada’s administrative tribunals. In Unjust by Design, he eviscerates the current system and draws out a road map for reform. The book is fascinating and well worth reading in full. I will limit myself […] Read more

There are two important Canadian doctrines which affect the structure of administrative tribunals: impartiality and independence. Impartiality arises where a well-informed observer would have a reasonable apprehension of bias in a substantial number of cases. Independence, meanwhile, concerns the insulation of tribunal members from outside influence, something to be judged by reference to security of […] Read more

One of the more interesting political stories in Québec at the moment involves the new environment minister, Daniel Breton and the Bureau d’audiences publiques sur l’environnement. On a visit to the BAPE’s offices in October, Breton allegedly told members of the BAPE that he would telephone the chairperson whenever the BAPE made a recommendation he […] Read more