Issue on review involved the Winnipeg Police Service’s new practice of including non-conviction information on criminal record checks in exceptional circumstances. Court of Appeal returned matter to Queen’s Bench for fresh hearing due to ambiguities in the record before the application judge.

18. June 2019 0
Administrative law – Judicial review – Applications – Appeals – Procedural requirements and fairness – Remedies – Declaratory relief – Police – Criminal records request Kalo v. Winnipeg (City) Police Service, [2019] M.J. No. 106, 2019 MBCA 46, Manitoba Court of Appeal, April 29, 2019, F.M. Steel, W.J. Burnett and K.I. Simonsen JJ.A. A prospective employer required ...

The proper way to attack decisions made by administrative bodies is through judicial review. It is not permissible to circumvent this process by dressing up a review of a decision of an administrative tribunal as an application falling under the rules of civil procedure.

Administrative law – Decisions of administrative  tribunals – Police Review Board – Police  –  Governance – Criminal records request – Judicial review  –  Administrative decisions –  Jurisdiction of court – Compliance with legislation – Procedural requirements and fairness J.N. v. Durham (Regional Municipality) Police Service, [2012] O.J. No. 2809, 2012 ONCA 428, Ontario Court of ...