Administrative Tribunals

Unjust by Design describes a system in need of major restructuring. Written by a respected critic, it presents a modern theory of administrative justice fit for that purpose. It also provides detailed blueprints for the changes the author believes would be necessary if justice were to in fact assume its proper role in Canada’s administrative justice system.

Canadian legislatures regularly assign what are truly court functions to non-court, government tribunals. These executive branch “judicial” tribunals are surrogate courts and together comprise a little-known system of administrative justice that annually makes hundreds of thousands of contentious, life-altering judicial decisions concerning the everyday rights of both individuals and businesses. This book demonstrates that, except perhaps in Quebec, the administrative justice system is a justice system in name only. Failing to conform to rule-of-law principles or constitutional norms, its tribunals are neither independent nor impartial and are only providentially competent. Unjust by Design describes a justice system in transcendent need of major restructuring and provides a blueprint for change.

This is the third of six volumes dealing with Law, Society and the Economy (see list in back of book), included in the Collected Research Studies of the Royal Commission on the Economic Union and Development Prospects for Canada. This volume surveys administrative law in its various manifestations and considers new themes and issues that are likely to affect the subject. Challenging generally accepted views, the contributors discuss such topics as the structures and processes of Canadian administrative tribunals, Crown corporations as an instrument of economic intervention, and the use of delegated legislation as the preferred instrument of government regulations.

Existing legislation governing the procedures of adjudicative tribunals in Alberta is not up to date and limited in its coverage. The purpose of this report is to provide procedural rules that take into account case law developments relative to the requirements of natural justice and new procedures to enhance efficiency & effectiveness, and to make the rules available to all tribunals. The first chapter sets out the shortcomings of the existing legislation the Administrative Procedures Act, and the steps taken to develop a modernized Model Code of powers and procedures. Chapter 2 sets out principles on which the Code provisions are based. Chapter 3 contains recommendations with regard to the Code implementation process. Chapter 4 contains the Model Code itself in four sections: pre-hearing procedures, hearing powers & procedures, tribunal decisions & reasons, and miscellaneous powers. The final chapter contains draft legislation for adopting the Model Code.