A Wavering Commitment? Administrative Independence and Collaborative Governance in Ontario’s Adjudicative Tribunals Accountability Legislation
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 th...
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| Format: | Article |
| Language: | English |
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University of Windsor
2010-10-01
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| Series: | The Windsor Yearbook of Access to Justice |
| Online Access: | https://wyaj.uwindsor.ca/index.php/wyaj/article/view/4500 |
| _version_ | 1827854314376265728 |
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| author | Laverne Jacobs |
| author_facet | Laverne Jacobs |
| author_sort | Laverne Jacobs |
| collection | DOAJ |
| description | 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. 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. |
| first_indexed | 2024-03-12T11:20:50Z |
| format | Article |
| id | doaj.art-75db9a6ffe994cac904225ad35022566 |
| institution | Directory Open Access Journal |
| issn | 2561-5017 |
| language | English |
| last_indexed | 2024-03-12T11:20:50Z |
| publishDate | 2010-10-01 |
| publisher | University of Windsor |
| record_format | Article |
| series | The Windsor Yearbook of Access to Justice |
| spelling | doaj.art-75db9a6ffe994cac904225ad350225662023-09-02T00:18:08ZengUniversity of WindsorThe Windsor Yearbook of Access to Justice2561-50172010-10-0128210.22329/wyaj.v28i2.4500A Wavering Commitment? Administrative Independence and Collaborative Governance in Ontario’s Adjudicative Tribunals Accountability LegislationLaverne Jacobs0Assistant Professor, Faculty of Law, University of Windsor.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. 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.https://wyaj.uwindsor.ca/index.php/wyaj/article/view/4500 |
| spellingShingle | Laverne Jacobs A Wavering Commitment? Administrative Independence and Collaborative Governance in Ontario’s Adjudicative Tribunals Accountability Legislation The Windsor Yearbook of Access to Justice |
| title | A Wavering Commitment? Administrative Independence and Collaborative Governance in Ontario’s Adjudicative Tribunals Accountability Legislation |
| title_full | A Wavering Commitment? Administrative Independence and Collaborative Governance in Ontario’s Adjudicative Tribunals Accountability Legislation |
| title_fullStr | A Wavering Commitment? Administrative Independence and Collaborative Governance in Ontario’s Adjudicative Tribunals Accountability Legislation |
| title_full_unstemmed | A Wavering Commitment? Administrative Independence and Collaborative Governance in Ontario’s Adjudicative Tribunals Accountability Legislation |
| title_short | A Wavering Commitment? Administrative Independence and Collaborative Governance in Ontario’s Adjudicative Tribunals Accountability Legislation |
| title_sort | wavering commitment administrative independence and collaborative governance in ontario s adjudicative tribunals accountability legislation |
| url | https://wyaj.uwindsor.ca/index.php/wyaj/article/view/4500 |
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