Courts Ought to Show Less Deference to Administrative Agencies and Tribunals

Should Courts Cede Free Speech Battles to Administrative Tribunals?
Courts Ought to Show Less Deference to Administrative Agencies and Tribunals
Jordan Peterson speaks at the 2018 Student Action Summit hosted by Turning Point USA at the Palm Beach County Convention Center in West Palm Beach, Fla., on Dec. 20, 2018. Gage Skidmore/Flickr/CC BY-SA 2.0
David Livingstone
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Commentary

It’s been widely reported that the College of Psychologists of Ontario ordered clinical psychologist Jordan Peterson to undergo social media training, at his own expense, or risk losing his licence to practice. The Ontario Superior Court upheld the ruling claiming that courts should defer to an administrative body’s decision provided it is “reasonable.” But is it reasonable for our courts to defer to administrative bodies that increasingly believe their job is to police their members’ speech and send them to mandatory re-education camp?

David Livingstone
David Livingstone
Author
David W. Livingstone, Ph.D., is a professor in the Liberal Studies and Political Studies departments at Vancouver Island University. He has published articles and book reviews on a variety of topics, including Abraham Lincoln’s statesmanship, Jean-Jacques Rousseau’s political philosophy, and Thomas D’Arcy McGee’s contribution to Canadian confederation.
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