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Old 08-04-2016, 01:49 PM   #2568
Kjesse
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Join Date: Oct 2003
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Quote:
Originally Posted by CorsiHockeyLeague View Post
This is usually the case with entities like the AUC, ERCB, SRB, predecessor EUB, etc etc. They're created by statute with certain rights granted to the Minister to appoint individuals to the board and do other things, but the board itself is a creature of statute and not a discretionary creation by the Minister by means of an order, or something like that, which could just be revoked.
Sure, and to use my prior post as an example, the province could actually -- as in legally -- dissolve the City of Calgary as a legal entity. I used that example intentionally -- its not going to happen, but it is possible. Taking it a level further, given s. 91/92 of the Constitution Act, if the provincial government did so, even the feds could not intervene.

I get Makarov's "quasi" language, and he's right to a certain extent on that. But there is huge difference in terms of independence comparing the courts to these boards, and while the boards are called "independent", they are not in the most practical sense -- once they do something the government doesn't like, they can be removed, replaced, cancelled, what have you.
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