Access to justice, Public law, Quebec
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Independence of Quebec administrative judges in question, says report

An absence of clear rules in the nomination process of Quebec administrative tribunal adjudicators allows for partisan influence, compromises their independence, potentially raises questions over their impartiality, and casts doubt over the integrity of a system that directly or indirectly affects all Quebecers, according to a recently published report that calls for a common, uniform regime that would apply to all adjudicators.

Unlike some other provinces such as Alberta and Ontario, Quebec does not have a unified regime to appoint adjudicators, validate appointee qualifications, and guarantee independence from government, reveals the 375-page report. Under the current legal framework, nine out of 15 Quebec administrative tribunals are not required under law to appoint adjudicators with special qualifications and nor are they bound by selection criteria, notes the study. There is also an absence of uniformity in working conditions, compensation, and standards of ethics for adjudicators. The length of their mandates, which varies from three to five years, also suffers from a lack of homogeneity.

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