CANADIAN CHARTER OF RIGHTS AND FREEDOMS - Legal rights

Law360 Canada ( July 24, 2019, 8:39 AM EDT) -- Appeal by the Chairperson of the BC Review Board from a decision of a chambers judge refusing to grant the appellant a declaration that the scheme for setting the appellant’s income was unconstitutional as being contrary to the principle of judicial independence. The Chairperson’s income was set by the Attorney General according to a Directive from the Treasury Board. The appellant argued that given the judicial role of the Review Board and its functions and processes in the criminal law system, the unwritten constitutional principle of judicial independence applied to the Board and the principles were also engaged through s. 7 of the Charter. The chambers judge rejected the argument administrative tribunals could derive protected independence from unwritten constitutional principles. She distinguished the appellant from the judicial officers, masters and justices of the peace as she considered the nature of the proceedings before review boards to militate against conferring judicial status on the BC Review Board. She further found that that s. 7 of the Charter could not support the constitutional requirement of independence for the appellant....
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