SOAR Principles for Appointments to Adjudicative/Regulatory Tribunals 2018

Category: 

Principles for Appointments

To Adjudicative/Regulatory Tribunals

 

The integrity of the Ontario administrative justice system depends in turn upon the integrity of the appointment process and independent and impartial decision-making within adjudicative institutions which enjoy institutional independence.

Obviously, adherence to the basic principles of natural justice requires elimination of the perception of external political pressures on the adjudicative process within the institution. Without institutional independence within the administrative justice system, parties cannot have confidence in the integrity and impartiality of the decision making process within a particular tribunal.

A competency-based appointment process together with institutional independence assures parties within the Ontario administrative justice system that decisions will be made within a fair process by individuals who are knowledgeable and competent. If Tribunal independence is the "keystone" in the administrative justice arch, the competency-based appointment process is the "cornerstone".