IN THE SUPREME COURT OF NOVA SCOTIA
Citation: Kelly v. Nova Scotia (Police Commission) 2005 NSSC 142
Date: 20050602
Docket: SN 234907
Registry: Sydney
Between:
Carleton F. Kelly
Applicant
v.
Nova Scotia Police Commission
Respondent
and
Constable Clayton Burt and the Cape Breton
Regional Municipality
Intervenors
LIBRARY HEADING
Judge: The Honourable Justice Frank Edwards
Heard: March 24 and May 19, 2005 in Sydney, Nova Scotia
Subject: Judicial review of hearing before administrative tribunal; fairness of the hearing and procedural fairness; also adequacy of reasons; Police Act and Police Review Board (“Board”).
Facts: Hearing before Board regarding unrepresented citizen’s complaint of biased investigation by police officer. Board dismissed complaint.
Result: Board’s decision set aside and rehearing ordered before differently constituted Board. Board had failed to explain format of the hearing de novo and basic principles of direct and cross-examination to unrepresented litigant. Board had allowed inappropriate cross-examination. Result was that the Complainant did not get a fair hearing. Also, some comment on adequacy of Board’s reasons.
Cases Noted: R. v. Sheppard (2002) 162 CCC (3d) 298 (S.C.C.)
Nicholson v. Haldimand‑Norfolk Regional Board of Commissioners of Police, [1979] 1 S.C.R. 311
Cardinal v. Kent Institution, [1985] 2 S.C.R. 643
Baker v. Canada (Minister of Citizenship and Immigration), [1990] 2 S.C.R. 817
Cusack v. Nova Scotia (Superintendent of Insurance), [2000] N.S.J. No. 93 (S.C.)
R.D.R. Construction v. Rent Review Commission (1982), 55 N.S.R. (2d) 71
R. v. Hull Prison Board of Visitors, [1979] 1 All. E.R. 701 (C.A.)
Knight v. Indian Head School Division No. 19, [1990] 1 S.C.R. 653
Vanton v. British Columbia Council of Human Rights, [1994] B.C.J. No. 497 (S.C.)
Davids v. Davids, [1999] O.J. No. 3930 (C.A.)
Manitoba (Director and Family Services) v. J.A., [2004] M.J. No. 451 (C.A.)
Baziuk v. BDO Dunwoody Ward Mallette (1997), 13 C.P.C. (4th) 156 (Ont. C.J.)
Smith v. Heron, [2003] N.S.J. No. 377 (C.A.)
R. v. Laycock, [1996] O.J. No. 3846 (G.D.)
Clayton v. Earthcraft Landscape Ltd. (2002), 210 N.S.R. (2d) 101 (S.C.)
Cardinal v. Director of Kent Institution, [1985] 2 S.C.R. 643
White v Dartmouth (City) et al. (1991), 106 N.S.R. (2d) 45 (S.C.), at p. 6 (QL)
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