Quote:
Originally Posted by Makarov
Well, as but one example, provincial governments routinely challenge the vires of decades old federal legislation (and vice versa).
And for the nth time' the Utilities Commission is an independent, quasi judicial administrative tribunal. It is not "the government's board". Governments challenge the actions of administrative tribunals (that they created by passing the enabling legislation) every day in Canada.
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I agree my own posts tend to by their wording conflate the government and its board. That being said, the board is not independent in the sense of, for example, the judiciary, who are also ruled by regulations such as the Alberta Rules of Court.
The problem is "the government" has acted in support of these rules for 16 years.
How about addressing the Rule of Law argument, and why, even if the regulations or interpretations were not properly enacted under a strict interpretation of their own procedures, a subsequent government can then discard them in the face of reliance upon them?