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About this newsletterThe Harper Grey LLP Administrative Law Observer provides a monthly review of new cases and emerging issues in Canadian professional regulation, liability and administrative law. These summaries are not legal opinions. Readers should not act on the basis of these summaries without first consulting a lawyer for analysis and advice on a specific matter. |
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Judges - Recusal
Judicial review - Bias The applicant, Truckair, successfully applied for judicial review of a Provincial Court judge’s decision not to recuse himself in a hearing about his jurisdiction to decide a Charter issue. |
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Police - Remedies
Declaratory relief; Judicial review - Investigations - Mootness - Parties - Standing - Jurisdiction The court of appeal set aside the application judge’s ruling and held that police officers involved in Special Investigations Unit (the "SIU") investigations were not allowed to have a lawyer vet or assist in the preparation of their field notes. |
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Prison warden; Prisons
Transfer of inmates; Judicial review - Investigations - Disclosure - Test - Procedural requirements and fairness; Remedies - Habeas corpus - Certiorari The appellant warden was unsuccessful in her appeal of a chambers decision which ordered that the respondent inmate be returned from Kent Institution to Mission Institution, following the inmate’s alleged involvement in a stabbing. |
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Securities Commission; Stock brokers
Disciplinary proceedings - Penalties - Public interest; Judicial review - Compliance with legislation - Standard of review - Correctness - Failure to provide reasons - Limitations The British Columbia Court of Appeal remitted this matter back to the BC Securities Commission after it failed to provide an explanation for why its decision to limit the appellant’s ability to trade securities was in the best interests of the public. |
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Welcome to the December 2011 Administrative NewsletterPlease let me know if you have any questions about any of the cases discussed in the net letter. I would be happy to provide you with additional information. Sincerely, William Clark, |
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