
Welcome to the January 2008 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.
Certified General Accountants
Decisions of administrative tribunals - Certified General Accountants; Accountants - Disciplinary proceedings; Judicial review - Jurisdiction of tribunal - Procedural requirements and fairness
The Competence Committee of the Certified General Accountants Association of Ontario (the "Competence Committee") was successful in obtaining judicial review of a decision of the Appeal Tribunal of the Association where the Court held that the Tribunal made a decision on matters that were not before it and, in doing so, breached its duty to act fairly.
College of Nurses
Decisions of administrative tribunals - College of Nurses - Psychiatric Nurses - Disciplinary proceedings - Professional misconduct or conduct unbecoming - Sexual relations with former patient - Penalties and suspensions; Judicial review - Evidence - Burd
The Court allowed, in part, an appeal from a decision of the Discipline Committee of the Respondent College, finding professional misconduct against the Appellant. The Court found that the panel's decision on the merits was reasonable, but that the penalty they imposed was beyond the limits of reasonableness in the circumstances of a first-time, young offender.
Ministerial Decisions
Ministerial decisions - Extradition - Judicial review - Stay of proceedings - Evidence - Reasonable apprehension of bias - Procedural requirements and fairness
The Court dismissed an appeal by an accused from an order of committal and application for judicial review of the decision of the Minister of Justice to surrender the Appellant to the Republic of Hungary. The Court found that the extradition judge's questions, although of limited relevance, did not give rise to a reasonable apprehension of bias and the Minister of Justice had not erred in consulting with the Minister of Citizenship and Immigration.
National Defence
Transfer of Afghan detainees - Torture; Charter of Rights and Freedoms; Prisons - Protection of inmates; Judicial review - Public interest - Standing - Evidence
The motion by the Chief of Defence Staff, Minister of National Defence and the Attorney General of Canada to strike the Applicants' Notice of Application was dismissed where the Court held that the application for judicial review was not bereft of any chance of success.
For comments or suggestions, please contact:
|
William Clark |
t: 604.895.2808 |






