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Distributed for University of British Columbia Press

Unjust by Design

Canada’s Administrative Justice System

Distributed for University of British Columbia Press

Unjust by Design

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.

388 pages

Law and Society


Table of Contents

Introduction

1 Defeating the Rule of Law in the Administrative Justice System: Executive Branch Strategies and Tactics

2 Administrative Justice: Getting the Context and Terminology Clear, the Concepts Straight, and the Prescription Right

3 Administrative Judicial Tribunals: The Inside Story

4 Prelude to Reform

5 The Reform Proposal

6 Implementing the Reform Proposal: A Strategy for Change

7 Meanwhile, a Toolkit for Litigators

Notes

Select Bibliography

Index

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