• Texte

    A recent success will have a significant impact on the journal's trajectory

    RI/IR has recently recieved the highest grant of it history. Pr. Gould, the journal's editor, details the tremendous impact this will have on our ambitious reform program.

  • texte

    RI/IR has increased its ranking!

    One of the most prestigious journal ranking list has increased the journal's ranking. Read Pr. Gould reaction to the news.

Canadian Administrative Law: The Case for Judicial Humility

Canadian Administrative Law: The Case for Judicial Humility

Rosalie Silberman Abella

Volume : 75-1 (2020)

Abstract

For decades, the Supreme Court of Canada has contemplated the appropriate standard of judicial review of decisions by administrative tribunals. The Court has grappled with the tension between the role of, and relationship between, courts and tribunals. The author, who has been both a judge and a tribunal member, argues for an attitude of humility towards these administrative bodies. With this approach, the author argues, even those most skeptical of tribunals might recognize their value as less formal, more expeditious, more expert, and binding dispute resolution mechanisms that complement—rather than detract from or compete with—courts. They may come to appreciate tribunals as the court’s institutional justice sibling, pursuing similar ends through different means.

Keywords: Canada, justice, administrative law, tribunal, recognition, role.