Re:
An Order of the Minister of Public Safety and Solicitor General
dated April 14, 2005, made under s. 14.9(3) of the Public Sector
Employers Act, R.S.B.C. 1996, c. 384, as amended.
This
decision deals with preliminary objections to the Employers' application.
Of note is the decision on an objection that "a recent legislative
amendment has reduced the security of tenure of the Board's adjudicators
and therefore, the Board no longer has sufficient institutional
independence to adjudicate the Employers' applications". The
Vice-Chair dismissed the application "on the basis that the
ATAAA does not offend the common law natural justice principle of
institutional independence as it does not permit the mid-term revocation
of tribunal appointments without cause".
