Podcast
Questions and Answers
What is the basis for terminating the applicant's employment according to the letter?
What is the basis for terminating the applicant's employment according to the letter?
What is the name of the union that represents the applicant?
What is the name of the union that represents the applicant?
How many sources of 'law' are mentioned in the text as affecting the handling of the dismissal of a First Nations Constable?
How many sources of 'law' are mentioned in the text as affecting the handling of the dismissal of a First Nations Constable?
What is the name of the Board that dismissed the applicant's complaint?
What is the name of the Board that dismissed the applicant's complaint?
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What is the name of the college where the events of sexual harassment occurred?
What is the name of the college where the events of sexual harassment occurred?
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What is the primary source of jurisdiction for the handling of a First Nations Constable's dismissal?
What is the primary source of jurisdiction for the handling of a First Nations Constable's dismissal?
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Which academic formulated the modern rule of statutory interpretation that was later accepted by the Supreme Court?
Which academic formulated the modern rule of statutory interpretation that was later accepted by the Supreme Court?
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What is the ultimate source of authority for the Tripartite Agreement and the Code of Conduct?
What is the ultimate source of authority for the Tripartite Agreement and the Code of Conduct?
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According to the modern rule of statutory interpretation, what should courts consider when determining the meaning of legislation?
According to the modern rule of statutory interpretation, what should courts consider when determining the meaning of legislation?
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What is the significance of the Supreme Court's decision in Rizzo in relation to statutory interpretation?
What is the significance of the Supreme Court's decision in Rizzo in relation to statutory interpretation?
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What is the authority under which Allan McDonald was appointed as a First Nations Constable for the Province of Ontario?
What is the authority under which Allan McDonald was appointed as a First Nations Constable for the Province of Ontario?
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What was the reason for Allan McDonald's termination from the training program and employment with the Anishinabek Police Service?
What was the reason for Allan McDonald's termination from the training program and employment with the Anishinabek Police Service?
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What is the relief sought by Allan McDonald in his application for judicial review?
What is the relief sought by Allan McDonald in his application for judicial review?
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What is the governing authority responsible for overseeing the Anishinabek Police Service?
What is the governing authority responsible for overseeing the Anishinabek Police Service?
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What is the name of the police service that employed Allan McDonald?
What is the name of the police service that employed Allan McDonald?
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What is a crucial factor in determining if a body is subject to judicial review?
What is a crucial factor in determining if a body is subject to judicial review?
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What is the essential distinction between two types of bodies?
What is the essential distinction between two types of bodies?
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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?
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?
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What is a condition for a body to be subject to judicial review?
What is a condition for a body to be subject to judicial review?
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What is the significance of a body's source of power being a statute or subordinate legislation?
What is the significance of a body's source of power being a statute or subordinate legislation?
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What is the role of the Police Governing Authority under Article 7.4(h) of the Tripartite Agreement?
What is the role of the Police Governing Authority under Article 7.4(h) of the Tripartite Agreement?
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What is the basis of the Chief of Police's authority to discipline the applicant?
What is the basis of the Chief of Police's authority to discipline the applicant?
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Why did the Court reject the respondent's submission?
Why did the Court reject the respondent's submission?
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What is the nature of the APS Code of Conduct according to the Court?
What is the nature of the APS Code of Conduct according to the Court?
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What is the relationship between the dual nature of the APS and the two systems mentioned in the text?
What is the relationship between the dual nature of the APS and the two systems mentioned in the text?
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What is the primary factor in determining whether a body is subject to judicial review?
What is the primary factor in determining whether a body is subject to judicial review?
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What is the key distinction between a body that is subject to judicial review and one that is not?
What is the key distinction between a body that is subject to judicial review and one that is not?
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In which case was the principle of judicial review applied to a body exercising public law functions?
In which case was the principle of judicial review applied to a body exercising public law functions?
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What is the constant limit on the remedy of certiorari?
What is the constant limit on the remedy of certiorari?
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What is the significance of a body's power being derived from a statute or subordinate legislation?
What is the significance of a body's power being derived from a statute or subordinate legislation?
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What is the final authority in an appeal related to disciplinary proceedings?
What is the final authority in an appeal related to disciplinary proceedings?
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Why did the Court reject the respondent's submission regarding the APS Code of Conduct?
Why did the Court reject the respondent's submission regarding the APS Code of Conduct?
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What is unique about the APS, according to the Court?
What is unique about the APS, according to the Court?
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What was the Chief of Police exercising when disciplining the applicant?
What was the Chief of Police exercising when disciplining the applicant?
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What is the relationship between the APS Code of Conduct and the Canada Labour Code?
What is the relationship between the APS Code of Conduct and the Canada Labour Code?
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What happened to the applicant's employment?
What happened to the applicant's employment?
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What is the significance of the APS Code of Conduct?
What is the significance of the APS Code of Conduct?
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What is the core issue in the Court's decision?
What is the core issue in the Court's decision?
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What is the context of the Court's decision?
What is the context of the Court's decision?
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What is the outcome of not following the APS Code of Conduct?
What is the outcome of not following the APS Code of Conduct?
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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.
Public Law Functions
- The Court considers whether the body in question is exercising public law functions or if the exercise of its functions has public law consequences, which may be sufficient to bring the body within the reach of judicial review.
- The essential distinction is between a domestic or private tribunal and a body of persons under some public duty.
Judicial Review
- The Court rejects the respondent's submission that it does not have jurisdiction to judicially review a decision made under the Code of Conduct because no statutory power of decision is involved.
- The Court holds that it has jurisdiction to review the decision, as the body in question is exercising public law functions and has public law consequences.
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Description
This quiz covers the concepts of public law functions, judicial review, and the distinction between public and private law in the context of administrative law.
