In order to fully comprehend the working of an
administrative board or tribunal it is first necessary
to establish the principles which form the basis of
their operations. The concept of justice and equanimity
between parties has come down to us in the form or
theory of "a rule of law”. In attempting to examine
the role of the Board of Transport Commissioners in so
far as it affects railways in Canada the concepts of
natural justice and impartiality form the test pattern
in the light of which the history, development, and
operation of transportation is examined and the
procedure, practice and problems of the Board are discussed.
An examination of the historical development,
character, functions and practices of the Board, bearing
in mind the evolution of the transport industry and the
requirements of a "rule of law” even in administrative
or quasi-judicial bodies, leads to the conclusion that it
cannot be described accurately by either "administrative"
or "judicial" designations. It is, nevertheless, possible
to devise a "rule of law" in the administrative sense.
It is the central thesis of this paper that the Board of
Transport Commissioners for Canada is a judicial body
possessing those aspects of administrative tribunals which
are conducive to flexibility and informality in the
discharge of its supervisory and regulatory functions.