The court allowed the applicant’s habeas corpus application and thereby ordered the applicant to be transferred back to his previous medium-security facility. A writ of habeas corpus is issued as of right where the applicant establishes there is cause to doubt the lawful nature of his detention. The respondents conceded that the transfer to a higher security level institution constituted a deprivation of residual liberty, and thus the onus rested with the respondents to demonstrate the legality of their decision to transfer the applicant. The respondents failed to prove that the statutory and common law standards of procedural fairness, and in particular, the obligation to make full disclosure to the plaintiff, were met in regard to the transfer decision.

Administrative law – Decisions of administrative tribunals – Prisons – Transfer of inmates – Remedies – Habeas corpus – Statutory provisions – Judicial review – Evidence – Disclosure – Procedural requirements and fairness – Compliance with legislation – Jurisdiction Khela v. Mission Institution, [2010] B.C.J. No 971, 2010 BCSC 721, British Columbia Supreme Court, May ...

The Court quashed a Tribunal decision finding that a representative of the Downtown Vancouver Business Improvement Association (“DVBIA”) had breached confidentiality by making statements to the media after a settlement meeting

27. July 2010 0
Administrative law – Decisions of administrative tribunals – Human Rights Tribunal – Practice and procedure – Settlement offers – Confidentiality – Human rights complaints – Discrimination – Judicial review – Privileged communications –  Evidence – Disclosure – Mootness – Standard of review – Correctness Downtown Vancouver Business Improvement Assn. v. Pivot Legal Society, [2010] B.C.J. No. ...

The BC Court of Appeal affirmed that an appellate tribunal can, where appropriate, cure breaches of natural justice or procedural fairness committed by an underlying tribunal

Administrative law – Decisions of administrative tribunals – Employment Standards Tribunal – Judicial review – Disclosure – Relevance of information disclosed – Appeals – Jurisdiction Taiga Works Wilderness Equipment Ltd. v. British Columbia (Director of Employment Standards), [2010] B.C.J. No. 316, 2010 BCCA 97, British Columbia Court of Appeal, February 25, 2010, R.T.A. Low, D.F. ...

The application by a suspended police detective (“MacNeil”) was dismissed where the Court found that the material information supported the decision to confirm the suspension

23. February 2010 0
Administrative law – Decisions of administrative tribunals – Police Commission – Investigations – Police – Professional misconduct or conduct unbecoming – Disciplinary proceedings – Penalties and suspensions – Criminal charges – Evidence – Disclosure – Hearings – Conduct of hearings – Judicial review – Compliance with legislation – Standard of review – Reasonableness simpliciter MacNeil ...

An employer applied for judicial review of a decision of the Employment Standards Tribunal. The Tribunal had purported to cure a breach of natural justice in a reconsideration decision, rather than return the matter to be heard anew. The Court dismissed the application, finding that the Reconsideration Panel had acted fairly in all the circumstances, and the process and hearing afforded to the employer accorded with the rules of natural justice and procedural fairness.

Administrative law – Decisions of administrative tribunals – Employment Standards Tribunal – Employment law – Termination of employment – Working conditions – Hearings – Conduct of hearings – Disclosure – Judicial review – Compliance with legislation – Procedural requirements and fairness – Natural justice – Standard of review – Patent unreasonableness Taiga Works Wilderness Equipment ...

The application by Taticek for judicial review of an investigator’s decision dismissing his complaint was allowed where the Court found that the investigator failed to forward a draft report or documentation, as promised, and merely issued her final report breaching a duty of procedural fairness owed to Taticek

Administrative law – Decisions of administrative tribunals – Government employees – Employment law – Competition for employment – Investigations – Judicial review – Procedural requirements and fairness – Evidence – Disclosure – draft report Taticek v. Canada (Attorney General), [2009] F.C.J. No. 474, Federal Court, April 9, 2009, Phelan J. Taticek, a federal public servant, ...

A municipal Board of Directors, such as the Cariboo Regional District Board of Directors, has jurisdiction to govern the conduct of its directors and discipline their misconduct. In inquiring into alleged misconduct by and disciplining one of its members for misconduct, the board has a duty to afford procedural fairness to the member in question. Where complaints are made against the member which the board intended to consider in potentially sanctioning the member’s conduct, the member is entitled to proper notice. Proper notice in these circumstances must convey some precision and be capable of appreciation by the recipient such that he or she is aware of what specific alleged misconduct will be considered and sanctions sought by the board. The person has to be given specifics of the complaints that might permit a reasoned and structured response. He or she should be given a reasonable opportunity to consult with counsel, study and respond to the allegations. Where a municipal board acts with a complete disregard for fair process in disciplining one of its members, special costs may be awarded on an application by the member for a judicial review of the board’s decision..

26. May 2009 0
Administrative law – Decisions of administrative tribunals – Municipal councils – Regional Districts – Board of Directors – Discipline of directors – Hearings – Conduct of hearings – Notice – Fairness – Costs – Judicial review – Jurisdiction – Procedural requirements and fairness – Disclosure Barnett v. Cariboo (Regional District), [2009] B.C.J. No. 713, British ...

The court quashed a decision of Alberta’s Information and Privacy Commissioner for the City of Edmonton to destroy a data base containing personal information collected by pawnshops. The court found that the Commissioner had erred in his interpretation of municipal law as it related to privacy law.

24. February 2009 0
Administrative law – Decisions of administrative tribunals – Privacy commissioner – Freedom of information and protection of privacy – Disclosure – Public body – Police – Municipal employees – Electronic records – Collection – review – Standard of review – Correctness Business Watch International Inc. v. Alberta (Information and Privacy Commissioner), [2009] A.J. No. 24, ...

WCB was required to disclose to a newspaper, the Halifax Herald Ltd., names of the 25 employers with highest employee injury incidence and answer related questions. While such disclosure would reveal labour relations information, it would not reveal information supplied by the employers, or if it did, the information was not information supplied in confidence. Disclosure could not reasonably be expected to significantly harm the employers’ competitive position or result in similar information no longer being supplied to the WCB. The disclosure of employers’ names would not constitute an unreasonable invasion of privacy of the injured workers and was, in all the circumstances, in the public interest.

23. December 2008 0
Administrative law – Workers Compensation Board – Disclosure of third party records – Confidentiality – Freedom of information and protection of privacy – Invasion of personal privacy – Personal information – definition – Judicial review – Disclosure – Compliance with legislation – Public interest Halifax Herald Ltd. v. Nova Scotia (Workers’ Compensation Board), [2008] N.S.J. ...

The Appeals by three corporations and four individuals from findings of fraud and misrepresentation, and from sanctions imposed by the Securities Commission were dismissed where the Court held that the Commission was entitled to use interview evidence obtained during the investigative process

25. November 2008 0
Administrative law – Decisions of administrative tribunals – Securities Commission – Investigations – Stock brokers – Disciplinary proceedings – Penalties – Suspensions – Public interest – Judicial review – Hearings – Evidence – Interviews – Disclosure – Hearsay Evidence – admissibility Alberta (Securities Commission) v. Brost, [2008] A.J. No. 1071, Alberta Court of Appeal, October ...