Unjust by Design

Canada’s Administrative Justice System

By Ron Ellis
Categories: Political Science, Canadian Political Science, Law & Legal Studies
Series: Law and Society
Publisher: UBC Press
Hardcover : 9780774824774, 388 pages, February 2013
Paperback : 9780774824781, 388 pages, July 2013
Ebook (PDF) : 9780774824798, 388 pages, March 2013
Ebook (EPUB) : 9780774824804, 388 pages, March 2013
Ebook (MobiPocket) : 9780774845519, 388 pages, December 2016

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

A book that demands revolutionary changes in Canada’s administrative justice system.

Description

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.

Awards

  • Commended, The Hill Times List of Top 100 Best Books for 2013
  • Short-listed, 2013/2014 Donner Prize, The Donner Foundation 2014

Reviews

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