Canadian Journal of Administrative Law
tribunal standing, procedural rights, Charter rights
The "tribunal standing" question arises when an administrative body whose decision is being subjected to judicial review seeks standing rights before the reviewing court. After summarizing current law, I argue for a more liberal approach to tribunal standing. There is convincing evidence that the counsel for the tribunal= under review can contribute productively to the process. The traditional objections to tribunal standing do not withstand scrutiny. Nor does the recent proposal to apply the "pragmatic and functional approach" to the issue seem fruitful. Only two objections to tribunal participation in judicial review seem compelling - protection of procedural rights when the case involves individual's Charter rights, and ensuring that tribunal standing does not drive up legal costs for other participants in judicial review. So long as these factors are borne in mind, Canadian courts have little to lose and much to gain by permitting tribunal participation in judicial review.
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Semple, Noel. (2007). The Case for Tribunal Standing in Canada. Canadian Journal of Administrative Law, 20 (3), 305-323.