Public Law Functions and Judicial Review

Questions and Answers

What is the basis for terminating the applicant's employment according to the letter?

For cause arising from the events of sexual harassment

What is the name of the union that represents the applicant?

CFNPA

How many sources of 'law' are mentioned in the text as affecting the handling of the dismissal of a First Nations Constable?

Four

What is the name of the Board that dismissed the applicant's complaint?

Canada Industrial Relations Board Signup and view all the answers

What is the name of the college where the events of sexual harassment occurred?

Ontario Police College Signup and view all the answers

What is the primary source of jurisdiction for the handling of a First Nations Constable's dismissal?

The Police Services Act Signup and view all the answers

Which academic formulated the modern rule of statutory interpretation that was later accepted by the Supreme Court?

Elmer Driedger Signup and view all the answers

What is the ultimate source of authority for the Tripartite Agreement and the Code of Conduct?

Statutory powers of the federal government Signup and view all the answers

According to the modern rule of statutory interpretation, what should courts consider when determining the meaning of legislation?

The purpose of the legislation and its total context Signup and view all the answers

What is the significance of the Supreme Court's decision in Rizzo in relation to statutory interpretation?

It accepted the modern rule of statutory interpretation formulated by Elmer Driedger Signup and view all the answers

What is the authority under which Allan McDonald was appointed as a First Nations Constable for the Province of Ontario?

s. 54 of the Police Services Act, R.S.O. 1990, c. Signup and view all the answers

What was the reason for Allan McDonald's termination from the training program and employment with the Anishinabek Police Service?

Complaints of sexual misconduct Signup and view all the answers

What is the relief sought by Allan McDonald in his application for judicial review?

Reinstatement and payment of wages from the date of termination Signup and view all the answers

What is the governing authority responsible for overseeing the Anishinabek Police Service?

Anishinabek Police Service Board Signup and view all the answers

What is the name of the police service that employed Allan McDonald?

Anishinabek Police Service Signup and view all the answers

What is a crucial factor in determining if a body is subject to judicial review?

The source of the power is a statute or subordinate legislation Signup and view all the answers

What is the essential distinction between two types of bodies?

Between a body of persons exercising public duty and a domestic tribunal Signup and view all the answers

In which recent case did the Divisional Court state that the only constant limit on the remedy is that it must be with regard to the performance of a public duty?

Scheerer v.Waldbillig Signup and view all the answers

What is a condition for a body to be subject to judicial review?

The body is exercising public law functions Signup and view all the answers

What is the significance of a body's source of power being a statute or subordinate legislation?

It is clearly subject to judicial review Signup and view all the answers

What is the role of the Police Governing Authority under Article 7.4(h) of the Tripartite Agreement?

To maintain the Code of Conduct for police officers Signup and view all the answers

What is the basis of the Chief of Police's authority to discipline the applicant?

The APS Code of Conduct Signup and view all the answers

Why did the Court reject the respondent's submission?

Because the Canada Labour Code has supplanted the APS Code of Conduct Signup and view all the answers

What is the nature of the APS Code of Conduct according to the Court?

A creature of contract that confers authority on the Chief of Police Signup and view all the answers

What is the relationship between the dual nature of the APS and the two systems mentioned in the text?

The APS is both an employer under the federal labour regime and a professional police force Signup and view all the answers

What is the primary factor in determining whether a body is subject to judicial review?

The nature of the power exercised by the body Signup and view all the answers

What is the key distinction between a body that is subject to judicial review and one that is not?

The distinction between a domestic or private tribunal and a body of persons under some public duty Signup and view all the answers

In which case was the principle of judicial review applied to a body exercising public law functions?

R.v.Panel on Take-overs and Mergers Signup and view all the answers

What is the constant limit on the remedy of certiorari?

The performance of a public duty Signup and view all the answers

What is the significance of a body's power being derived from a statute or subordinate legislation?

The body is automatically subject to judicial review Signup and view all the answers

What is the final authority in an appeal related to disciplinary proceedings?

The Board of Directors of the Police Governing Authority Signup and view all the answers

Why did the Court reject the respondent's submission regarding the APS Code of Conduct?

The Code was superseded by the Canada Labour Code Signup and view all the answers

What is unique about the APS, according to the Court?

It is both an employer and a professional police force Signup and view all the answers

What was the Chief of Police exercising when disciplining the applicant?

A contractual authority Signup and view all the answers

What is the relationship between the APS Code of Conduct and the Canada Labour Code?

The two systems must coexist and be followed Signup and view all the answers

What happened to the applicant's employment?

It was terminated without a hearing Signup and view all the answers

What is the significance of the APS Code of Conduct?

It is a contractual obligation Signup and view all the answers

What is the core issue in the Court's decision?

The interplay between two systems of law Signup and view all the answers

What is the context of the Court's decision?

A disciplinary proceeding under the APS Code of Conduct Signup and view all the answers

What is the outcome of not following the APS Code of Conduct?

The disciplinary proceeding is invalid Signup and view all the answers

Study Notes

Background of the Case

Allan McDonald, a First Nations Constable, was terminated from his employment with the Anishinabek Police Service (APS) due to complaints of sexual misconduct.
The termination was done without a hearing, and McDonald was not provided with an opportunity to respond.

Jurisdictional Issues

The Canada Industrial Relations Board (CIRB) dismissed McDonald's complaint, citing lack of jurisdiction to hear the case.
The Court reviews the procedural history of the matter, including the CIRB's jurisdiction.

Statutory and Contractual Framework

Four sources of law affect the issue of the proper handling of a First Nations Constable's dismissal: the Canada Labour Code, the Code of Conduct, the Tripartite Agreement, and the Police Services Act.
The Court approaches the analysis from a statutory perspective, considering the purpose of the legislation, consequences of proposed interpretations, and admissible external aids.

Administrative Law

The Court applies the modern rule of statutory interpretation, formulated by Elmer Driedger and accepted by the Supreme Court in Rizzo.
The Court considers the distinction between a domestic or private tribunal and a body of persons under some public duty, as outlined in R.v. Panel on Take-overs and Mergers.

Disciplinary Dismissals

The Court holds that disciplinary dismissals need to be conducted in compliance with the Code of Conduct, and that a grievance under the Labour Code can only be brought at the conclusion of such a hearing process.
The Code of Conduct procedures were not followed in the present case, and the Chief of Police's authority to discipline is a creature of contract, rather than statute.