From Blogger

Deference Denied on Questions of Procedural Fairness: Osborn v. The Parole Board, [2013] UKSC 61

Traditionally courts have seen themselves as the guardians of fair procedures. The substance of administrative decisions is for the decision-makers: they are the ones entrusted by the legislature with making decisions, and they have the expertise to do so. Courts have been much less deferential in addressing the processes by which those decisions are reached. […] Read more

From Blogger

Terms and Conditions May Apply: Tribunal Independence

There are two important Canadian doctrines which affect the structure of administrative tribunals: impartiality and independence. Impartiality arises where a well-informed observer would have a reasonable apprehension of bias in a substantial number of cases. Independence, meanwhile, concerns the insulation of tribunal members from outside influence, something to be judged by reference to security of […] Read more