A Wavering Commitment? Administrative Independence and Collaborative Governance in Ontario’s Adjudicative Tribunals Accountability Legislation

23 Pages Posted: 8 Aug 2011 Last revised: 2 Dec 2018

See all articles by Laverne Jacobs

Laverne Jacobs

University of Windsor - Faculty of Law; University of California, Berkeley - Berkeley Comparative Equality & Anti-Discrimination Law Study Group

Multiple version iconThere are 2 versions of this paper

Date Written: May 25, 2010

Abstract

In December 2009, the Ontario Legislative Assembly enacted the Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009 [ATAGAA]. This new legislation offers a unique approach to ensuring that adjudicative tribunals in the province are transparent, accountable and efficient in their operations while preserving their decision-making independence. This approach aims to bring the executive branch of government and tribunals together in achieving effective and accountable internal tribunal governance. Through the use of illustrative cases, the author argues, however, that the statute does not address many of the contemporary concerns about administrative independence and accountability that tribunals experience on the ground, such as the executive insufficiently resourcing tribunals through lack of budgetary or human resources. She argues further that the legislation is inconsistent in its underlying commitment to the concept of accountability itself as it fails to contemplate the importance of government accountability to tribunals and overlooks opportunities to foster sustained internal cultures of accountability. Finally, the approach taken by the legislation must be channeled properly to avoid disintegrating from one of collaborative governance to one of command and control.

Keywords: administrative law, administrative tribunals, independence, accountability, Canada

Suggested Citation

Jacobs, Laverne, A Wavering Commitment? Administrative Independence and Collaborative Governance in Ontario’s Adjudicative Tribunals Accountability Legislation (May 25, 2010). Windsor Yearbook of Access to Justice, Vol. 28, No. 2, 2010. Available at SSRN: https://ssrn.com/abstract=1904396

Laverne Jacobs (Contact Author)

University of Windsor - Faculty of Law ( email )

401 Sunset Avenue
Windsor, Ontario N9B 3P4 N9B 3P4
Canada

HOME PAGE: http://www.uwindsor.ca/law/ljacobs

University of California, Berkeley - Berkeley Comparative Equality & Anti-Discrimination Law Study Group ( email )

Boalt Hall
Berkeley, CA 94720-7200
United States

Register to save articles to
your library

Register

Paper statistics

Downloads
96
rank
89,702
Abstract Views
590
PlumX Metrics