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The Federal Court granted judicial review of an RCMP grievance decision, finding the delay in a transfer was not reasonably explained and the policy interpretation lacked justification.
Judicial review was allowed because the RCMP adjudicator failed to identify the governing policy or explain why it barred the requested remedies.
The Federal Court upheld an RCMP conduct decision finding that an officer failed to obey a lawful direction to submit leave by a deadline.
Federal Court quashes an RCMP promotion grievance decision, finding the final-level adjudicator’s confirmation unreasonable because the process was tainted by reasonable apprehension of bias.
Applying binding authority that reasonableness is the standard of review, the Court found no applicable Vavilov exceptions and concluded the Level II adjudicator provided reasoned explanations supported by the evidentiary record; the Standing Orders were treated as valid law on the books and their vires was not challenged, and therefore the appeal is dismissed.
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The Court of Appeal allowed the appeal, concluding the decision maker erred by failing to consider the s.2(b) Charter right recognized as applying to police services board meetings (per Langenfeld) when ordering a closed s.83(17) extension hearing; although Dagenais/Mentuck does not extend to this purely administrative extension decision, the statutory presumption of openness in s.35(3) must be balanced with s.35(4) in light of s.2(b) using a proportionality/Doré approach; failure to consider the Charter is reviewable on correctness and required quashing of the in camera order and remittal fo…
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The court dismissed the Vancouver Police Board’s strike application, holding it was not plain and obvious the Board owed no duty of care in relation to supplying tasers to police officers.
The Federal Court dismissed judicial review of an RCMP disciplinary decision, upholding dismissal of a constable for disgraceful conduct involving a relationship of trust.
The Federal Court allowed the Attorney General of Quebec to intervene in two judicial review applications about the Kanesatake Mohawk police force and the tripartite agreement.
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