L'INDEPENDANCE JUDICIAIRE : FONDEMENT DU PRINCIPE ET SON APPLICATION AUX TRIBUNAUX ADMINISTRATIFS

Abstract

Often, in recent years, Canadian courts have reminded us that the principle of judicial independence is part of our public law. This principle is recognised both in terms of the Constitution Act of 1867 and of the Canadian Charter of Rights and Freedoms. Considering the expanded role of the court system since the Charter’s implementation – courts can now rule on the constitutionality of federal and provincial laws or government action – it had become vitally important that courts be totally independent from Parliament, from provincial legislatures and from government. But what about the independence of administrative tribunals? The independence of these tribunals seems fairly precarious. In Canada, this principle is generally applied to tribunals as a component of natural justice, a common law principle whose significance can be limited by legislative means. And even when the notion of judicial independence can be applied to tribunals, the guarantees are infinitely smaller that those applied to courts. As they must often judge cases where the state itself is a party, it becomes just as vitally important that the judicial independence of tribunals be strengthened.