Unjust by Design: Canada’s Administrative Justice System (Law and Society)

$39.95
by Ron Ellis

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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 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. The issues addressed in Unjust by Design are of critical, though largely unappreciated importance. Ron Ellis faced a significant challenge of persuasion: the tediousness of administrative law is dangerous because it can mask significant injustice ... But precisely because these are the workaday issues of our society, it is critical that they not be ignored and left subject to a decision-making system so bereft of basic elements consistent with the rule of law that their validity is rendered questionable. -- Bob Tarantino ― Literary Review of Canada, June 2013 Unjust by Design is a provocative, atypical, and passionate call for the improvement of the administrative justice system. It presents a unique perspective on the institutional, administrative context by someone with relevant experience and who presents a very elaborate platform for reform. -- Geneviève Cartier, Professor, Faculté de droit, Université de Sherbrooke This book has the potential to be very influential with any government willing to take on the task of creating an administrative justice regime that meets constitutional imperatives and, more generally, offers Canadians the prospects of a fair and independent regime for the adjudication of matters affecting their rights. -- David J. Mullan, Professor Emeritus, Faculty of Law, Queen’s University " Unjust by Design is a provocative, atypical, and passionate call for the improvement of the administrative justice system. It presents a unique perspective on the institutional, administrative context by someone with relevant experience and who presents a very elaborate platform for reform."―Geneviève Cartier, Professor, Faculté de droit, Université de Sherbrooke "This book has the potential to be very influential with any government willing to take on the task of creating an administrative justice regime that meets constitutional imperatives and, more generally, offers Canadians the prospects of a fair and independent regime for the adjudication of matters affecting their rights."―David J. Mullan, Professor Emeritus, Faculty of Law, Queen's University A book that demands revolutionary changes in 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. 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. Ron Ellis is an administrative lawlawyer, teacher, academic, arbitrator, and former chair and CEO of amajor administrative judicial tribunal. He has been teaching, speaking,and writing about administrative justice system issues for more thanthirty years.

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