How do Canadian administrative law protections measure up to international human rights standards? The case of independence.

McGill Law Journal, June, 2005 by Heckman, Gerald; Sossin, Lorne

International human fights law recognizes the right to have one's fights and obligations adjudicated by an independent tribunal--one free from internal collusion and external manipulation. Under Canadian law, by contrast, the fight to tribunal independence is watered down. Interference by the executive in administrative decision making is tolerated because the constitutionally entrenched protection of judicial independence is understood not to extend to the sphere of administrative tribunals, ordinarily viewed as instruments of governmental policy. The deference of Canadian courts to tribunals without constitutional protection for independence means that many tribunal decisions remain insulated from review by independent courts. Furthermore, even where a certain degree...

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