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The Supreme Court of Canada granted the CBA leave to intervene in Ontario Minister of Labour v. CUPE, dealing with the independence of administrative tribunals, in Jan., 2002.

At the request of the OBA Executive Committee and the National Administrative Law and Labour Law Sections, the CBA sought leave in this case to support the principles of independence, accessibility, expertise, representativeness, efficiency and accountability as the foundations of the administrative justice system.

The Canadian Union of Public Employees (CUPE) and Service Employees International Union (SIEU) are challenging changes in the system for appointing of chairs of arbitration boards ("interest arbitration") under the Hospital Labour Disputes Arbitration Act.

Chairs of interest arbitrations were previously chosen from a group composed largely of trained, experienced and mutually acceptable individuals. The Minister changed the process so that chairs were chosen from retired judges.

The central issue is whether the Minister, in changing the process, violated the principles of natural justice by interfering with the impartiality and independence of the arbitrators and raising a reasonable apprehension of bias, and/or interfering with the legitimate expectations of the appellants.

The CBA will argue for a transparent process for appointments and re-appointments to federal, provincial and territorial tribunals, made in accordance with publicly-stated criteria and are open to public scrutiny.

Adopted by Council in 1996, the CBA's intervention policy permits the CBA to intervene where the position to be advanced is:

• consistent with CBA policy,
  
• a matter of compelling public interest or
  
• a matter of special significance to the legal profession.
  
• As well, a CBA intervention must constitute a significant contribution to the court's
  consideration of the issueand not merely restate the arguments advanced by the parties.
  

CBA counsel for the intervention are: Susan Philpott and Graham Williamson of Koskie Minsky in Toronto, and Jeff Cowan and Gregory Richards of Weir Foulds LLP in Toronto. Counsel acts on a pro bono basis.