With stated goals coming from both government policy and our principles of justice in our society, Canadian administrative tribunals straddle the divide between the legislature and the judiciary. The tribunals attempt to achieve specific policy objectives often within an environment that is tipped to favour efficiency, access, affordability, and the overall public good at the expense of legal fairness for individuals. However, the double-edged sword of justice remains available to aggrieved individuals to challenge tribunal decisions. This article covers the nuts and bolts of bringing judicial review of decisions of administrative tribunals, particularly in light of the Supreme Court of Canada's decision in Dunsmuir.
The Litigator, December 2009