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The Federal Court held that the RCMP grievance decision was unreasonable and set it aside, finding the reasons failed to justify treating the removal as a routine transfer or address disguised discipline.
The court granted a stay of the Board hearing pending the judicial review because there is a serious issue to be tried—namely whether the Board unlawfully assumed jurisdiction over a public complaint and excluded the public without statutory referral or notice—irreparable harm to the public interest in open proceedings would result if the hearing proceeded, and the balance of convenience favoured staying the hearing; the Board’s motions to dismiss the judicial review as out of time or premature were denied.
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The Commissioner’s decision to refer a complaint to the Police Review Board under the Police Act is interlocutory and not subject to immediate judicial review unless the Commissioner has screened out and thereby ended the complaint; no exceptional circumstances justified premature review here, so the judicial review application was dismissed and the interim stay terminated.
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British Columbia Court of Appeal held the judicial review petitions in police disciplinary proceedings were premature, and dismissed both appeals.
The PRB erred as a matter of procedural fairness by accepting and approving a consent order and annexed agreements that affected CUPE without giving CUPE notice and an opportunity to be heard; CUPE had a direct and substantial interest and standing, the absence of notice prejudiced its rights, and the appropriate remedy is to set aside the PRB order and remit the matter to a reconstituted PRB panel for reconsideration with notice to CUPE.
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The British Columbia Court of Appeal dismissed Reza Moazami’s disclosure application, holding the Crown had met its first-party disclosure duties regarding materials from the Fisher investigation.
Federal Court allowed judicial review of an RCMP probationary discharge, finding procedural unfairness where Part V was used for what was in substance disciplinary misconduct.
The Federal Court set aside the RCMP Commissioner’s refusal to support Boogaard’s commission, held the grievance process inadequate here, and directed steps toward his promotion.
La Cour d’appel a rejeté l’appel du Commissaire aux plaintes contre la police, concluant qu’un retard déraisonnable justifiait de refuser le contrôle judiciaire.
The Supreme Court held that issue estoppel could not fairly bar Wayne Penner’s civil claims after police disciplinary findings, given the different purposes of the proceedings.
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