The obligation to provide notice to a person prior to the release of a commission report arises in respect of reports in which findings of fault or misconduct are made against an individual or corporation. Since the commission’s report in this case did not constitute a finding of fault or misconduct, the Court found no merit in the petitioner’s argument that the petitioner was deprived of procedural fairness because it was not given advance notice of the report in issue or an opportunity to respond to the findings of the report before it’s release.

28. September 2010 0
Administrative law – Decisions of administrative tribunals – Commision of Inquiry – Commissioner – Notice requirements – Judicial review – Procedural requirements and fairness – Jurisdiction – Evidence Taser International, Inc. v. British Columbia (Commissioner), [2010] B.C.J. No. 1578, 2010 BCSC 1120, British Columbia Supreme Court, August 10, 2010, R.J. Sewell J. Mr. Dziekanski was ...

The Appellant Police Officers unsuccessfully appealed the decision of the British Columbia Supreme Court, which had dismissed the Officers’ petitions for judicial review of a decision of the Respondent Commissioner. The Respondent Commissioner had rejected the Officers’ applications to quash Notices of Misconduct issued to the Officers.

Administrative law – Decisions of administrative tribunals – Commission of Inquiry – Investigations – Jurisdiction to issue a complaint – Police – Royal Canadian Mounted Police – Professional misconduct / conduct unbecoming – Judicial review – Fresh evidence – admissibility – Standard of review – Correctness – Reasonableness simpliciter – Procedural requirements and fairness Canada ...

The Federal Court found a reasonable apprehension of bias on the part of a commissioner of inquiry on the basis of the commissioner’s repeated inappropriate statements to the media. The media is not an appropriate forum in which a decision-maker should become engaged while presiding over a commission of inquiry, a trial, or any other type of hearing or proceeding. The only appropriate forum in which a decision-maker is to become engaged is within the hearing room of the very proceeding over which he or she is presiding.

26. August 2008 0
Administrative law – Investigative bodies – Commission of Inquiry – Commissioner – Reasonable apprehension of bias – Test – Evidence – Judicial review – Procedural requirements and fairness Chretien v. Canada (Commission of Inquiry into the Sponsorship Program and Advertising Activities, Gomery Commission), [2008] F.C.J. No. 973, 2008 FC 802, Federal Court, June 26, 2008, ...