Friday, November 6, 2015

Active and Aggressive Participation of Tribunals in JR Proceedings Discredits Their Impartiality

 

*[65]  It is well established that a tribunal whose decision is challenged in judicial review proceedings should not appear to defend the merits of its decisions.  As stated by the Supreme Court of Canada in Northwestern Utilities Ltd.   v.  Edmonton (City) [1979] 1 SCR 684 (SCC) at page 709:

"Such active and even aggressive participation can have no other effect than to discredit the impartiality of an administrative tribunal either in the case where the matter is referred back to it, or in future proceedings involving similar interests and issues or the same parties. The Board is given a clear opportunity to make its point in its reasons for its decision, and it abuses one's notion of propriety to countenance its participation as a full-fledged litigant in this Court, in complete adversarial confrontation with one of the principals in the contest before the Board itself in the first instance."


*Douglas  v. AG CANADA 2013 FC 451 

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