A Constable with the Calgary Police Service was transferred from the traffic division to the street division for failing to issue enough traffic violation tickets. The applicant argued that the transfer was disciplinary in nature, thus invoking the disciplinary procedures set out in part five of the Police Act, R.S.A. 2000 CP-17 (the “Act”). The applicant applied for a judicial review of the Chief of Police’s decision to transfer him. The court concluded that the decision to transfer the applicant was purely an administrative decision which was not subject to judicial review.
Administrative law – Police – Disciplinary proceedings – Performance expectation – Judicial review application – Administrative decisions Munday v. Calgary (City) Police Commission, [2003] A.J. No. 280, Alberta Court of Queen’s Bench, February 25, 2003, Sullivan J. The applicant was a Traffic Constable with the Calgary Police Service and held the rank of Senior Constable II. ...