Welcome to the August 2007 Administrative Netletter.
In this issue:
Please let me know if you have any questions about any of the cases discussed in the netletter. I would be happy to provide you with additional information.
Sincerely,
William Clark,
Chair, Administrative Law Practice Group
Editor, Administrative Law Netletter
wclark@harpergrey.com
About this Newsletter
The Harper Grey LLP Administrative Netletter provides a monthly review of new cases and emerging issues in Canadian administrative law. These summaries are not legal opinions. Readers should not act on the basis of these summaries without first consulting a lawyer for analysis and advice on a specific matter.
Decisions of administrative tribunals
Arbitration Board - Labour law - Collective agreements - Pensions; Judicial review - Compliance with legislation - Standard of review - Reasonableness simpliciter
The Court dismissed an application for judicial review of the decision of an arbitration panel under the Labour Relations Code, R.S.A. 2000, c. L-1. The Court found that the panel’s decision in respect of a teacher’s final salary payout was reasonable. Wild Rose School Division No. 66 v. Alberta Teachers’ Assn, [2007] A.J. No. 480
Decisions of Attorney General
Prosecutorial discretion; Standard of review - Flagrant impropriety - Evidence; Statutory provisions - Criminal Code; Charter of Rights and Freedoms
The Applicant applied for an order in the nature of certiorari to quash the decision of the Attorney General not to proceed with criminal charges against two individuals. The Court dismissed the application on the basis that there was no evidence of “flagrant impropriety”. Chen v. Alberta, [2007] A.J. No. 458
Extradition
Decisions of administrative tribunals - Ministerial orders - Extradition - Investigations; Judicial review - Jurisdiction - Procedural requirements and fairness - Failure to provide reasons - Evidence
The application for judicial review by Maisonneuve of the decision rendered by the Minister of Justice of Canada ordering his surrender to the United States of America was allowed where the Court found that the Minister’s interpretation of evidence regarding the participation of the US and Canadian police authorities was patently unreasonable. Maisonneuve v. Canada (Minister of Justice), [2006] Q.J. No. 4054
Nurses
Disciplinary proceedings - Professional misconduct or conduct unbecoming - Penalties and suspensions; Hearings - Disclosure - Judicial review - Procedural requirements and fairness - Fresh evidence, admissibility
The appeal by a nurse (Tomaszewska) of a decision of the Discipline Committee of the College of Nurses of Ontario finding that she had committed acts of professional misconduct was dismissed where the Court held that Tomaszewska had not been denied procedural fairness in the hearing and the penalty was not patently unreasonable. Tomaszewska v. College of Nurses of Ontario, [2007] O.J. No. 1731
For comments or suggestions, please contact:
|
William Clark |
t: 604.895.2808 |
