Not so Independent?

Tip o the Hat to Impolitcal for noting that the Federal Court decided not hear Linda Keens case regarding her firing as president of the Canadian Nuclear Safety Commission. They determined that it was “fair”. Whilst the details of their ruling have not been released the question remains - If a Minister can arbitrarily dismiss the head of an “Independent Commission” without due process exactly how independent can said commission be?

Keen was fired from the commission’s top job by the Harper government in January 2008 after the commission forced a shutdown at a Chalk River reactor that produces vital isotopes for medical uses.

Keen’s lawyers contended that the fundamental issue for the court is whether the federal cabinet can dismiss the head of an independent, quasi-judicial tribunal because she refused three ministerial directives to “illegally” restart an aging isotope-producing reactor at Chalk River before its operational safety could be demonstrated.