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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.
This book will provoke a serious debate within the legal profession, the administrative justice system, the executive and legislative branches of government, and perhaps within the public at large about the structures and quality of our administrative justice system – and also about the reforms proposed in this book. For the convenience of those who might wish to contribute to that debate, the author has organized an interactive website, administrativejusticereform.ca, and invites all interested parties to go there and talk to him and each other about these important issues. To facilitate free and frank discussions, the website will be structured to allow participants to elect to have their names held in confidence if they wish to do so.