Federal Appeal

Administrative Law

Allegation of jurisdictional error did not constitute exceptional circumstances

This was appeal of dismissal of application for judicial review. Formal disciplinary proceedings were instituted against appellant for alleged violations of Royal Canadian Mounted Police’s Code of Conduct. Board was appointed to hear complaint. Section 43(4) of Royal Canadian Mounted Police Act, required commanding officer to give appellant notice of hearing and particulars of allegations against him forthwith after commanding officer was notified of appointment of board. Notice was provided to appellant ten months after commanding officer was notified of appointment of board. Appellant argued that commanding officer’s failure to provide notice forthwith deprived board of jurisdiction. Board decided that in circumstances notice had been delivered forthwith. Appellant applied for judicial review of board’s decision. Federal Court declined to hear application for judicial review on basis that there was no exceptional circumstance to justify judicial review of board’s interlocutory decision. Appeal dismissed. Standard of review was correctness. Court would not intervene with interlocutory decision of administrative tribunal unless there were exceptional circumstances. Decision was interlocutory. Allegation of jurisdictional error did not, in and of itself, constitute exceptional circumstance that justified judicial intervention with respect to interlocutory decision. Appellant’s right of appeal in s. 45.14 of Act was adequate alternate remedy. Fact that appellant had to wait until board rendered its final decision before he could appeal decision with respect to jurisdiction was not exceptional circumstance.

Black v. Canada (Attorney General) (Sep. 9, 2013, F.C.A., J.D. Denis Pelletier J.A., Johanne Trudel J.A., and Robert M. Mainville J.A., File No. A-481-12) Decision at 223 A.C.W.S. (3d) 238 was affirmed.  232 A.C.W.S. (3d) 808.

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