The fact that the Executive Director dealt with previous complaints to the Commission from the appellant does not give rise to a reasonable apprehension of bias. To do so would hold the Executive Director to too high a standard given the function he is to perform at the investigative stage of a complaint.

26. March 2002 0
Administrative law – Judicial review – Boards and tribunals – Questions of jurisdiction – Reasonable apprehension of bias – Previous complaints – Investigative bodies – Fairness – Human rights complaints Ayangma v. Prince Edward Island (Human Rights Commission), [2002] P.E.I.J. No. 20, Prince Edward Island Supreme Court – Appeal Division, March 4, 2002, Mitchell C.J.P.E.I., McQuaid and ...

The applicant objected to appearing at a hearing to determine whether his name should be entered on the Child Abuse Register, arguing he was not a compellable witness and the Ministry had not met its disclosure obligations. His application was dismissed, as section 11 of the Charter did not apply to a witness in civil proceeding. Section 7 applied but was not infringed because it was done in accordance with the principles of fundamental justice. Stinchcombe disclosure obligations do not apply to the Crown in such proceedings.

26. March 2002 0
Administrative law – Charter of Rights – Hearings – Compellability of witness – Disclosure – Child abuse registers Nova Scotia (Minister of Community Services) v. D.J.M., [2002] N.S.J. No. 119, Nova Scotia Supreme Court (Family Division), March 4, 2002, Hood J. The Ministry of Community Services sought to have the name of D.J.M. placed on ...

A police constable’s application for certiorari of Chair of the Scotia Police Review Board to extend time to complete an investigation was dismissed. Correctness is the standard of review for interpreting the regulation as permitting an extension after the investigation was complete. Patent unreasonableness is the standard respecting his findings and exercise of discretion in granting the extension.

26. March 2002 0
Administrative law – Judicial review – Standard of review – Correctness test – Patent unreasonableness – Questions of jurisdiction – Extension of time – Police – Disciplinary proceedings – Privative clauses Symington v. Halifax (Regional Municipality) Police Service, [2002] N.S.J. No. 112, Nova Scotia Supreme Court, February 8, 2002, Moir J. Constable Symington was the subject ...