Improving Administrative Justice In Manitoba

"This report discusses the difficult issue of what role, if any, partisanship should play in the appointments process. The report will outline the formal mechanisms for making board appointments in Canadian common law jurisdictions and outline the issues that arise with the less formal mechanisms. It will examine how concerns with appointments have emerged in Canadian jurisdictions and how governments have changed their appointments processes in response to the concerns raised and will describe publicly available information on the current appointments process in Manitoba. This discussion will start with Nova Scotia, which in 2002, was the first jurisdiction to develop a comprehensive appointments policy and will describe what other jurisdictions have done, in the order of when each jurisdiction made significant changes to its appointments process. Following a review of the unreformed jurisdictions, the extraordinarily comprehensive reforms in the United Kingdom will be described. The final part of this report will examine more closely the elements of appointments policies and make recommendations on a new appointments policy for Manitoba."--Document.

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.

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 executive branch’s administrative justice system is a justice system in name only. Failing to conform to rule-of-law principles or constitutional norms, its judicial tribunals are neither independent nor, in law, impartial and are only providentially competent. Unjust by Design describes a system in transcendent 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.

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.