A new policy to support the review process for draft reasons for decision

As is clear from the decision of the Ontario Court of Appeal in Shuttleworth v Ontario, reasons review should not infringe on the adjudicative independence of individual tribunal members. And it helps to have a policy that spells out the tribunal’s approach to respecting independence.

The Social Security Tribunal’s (Tribunal) new reasons review policy stresses that reasons review by the Tribunal’s legal services is voluntary. It also explains why voluntary consultation on draft reasons among Tribunal members makes for better adjudication.

The policy aims to protect independence in decision-making, while providing the supports to members that help them make the best decisions they can make on behalf of Canadians.  

Transparency in setting Tribunal policy is an essential part of our accountability to the people who use the system and to all Canadians.