Friday, May 12, 2017

Bill of Costs Filed with the JPRC on JP Removal Case: Part I

Relevant Pronouncements By
Hearing Panel on Compensation

- On July 24th, 2013 H.W. Cuthbertson, on behalf of the Panel, raised a question of law which counsel for the parties were directed to address.

- “We are asking counsel to assist us where the jurisdiction is under the Act or through any case law for us to sit in judgment of decisions by the complaints committee. And as Her Honour just stated we think this must be answered before the abuse of process issue is put before the Panel. If we have no jurisdiction we cannot hear the abuse of process motion...So we want to focus your minds to the same place we are as to the importance of this issue and the sequence, in our view, that should be followed to address it.

- *Justice Livingstone said “So we thought we would throw that out to you knowing it is going to take some work.”

- “This case provides a splendid opportunity for us to fix the Justices of the Peace Review Council....Our view is, as a result of that comment, it is clear that the entire procedure is of concern and, if so, we wanted to ensure that we had an independent opinion in respect of the administrative law which applies in this hearing.” (April 28th, 2014)

- There appear to be no decisions from judicial conduct hearings for justices of the peace where relief for alleged irregularities in the complaints process were considered or granted.” (June 6, 2014 – Decision on Threshold Jurisdiction Questions)

- July 24th, 2013 – Association of Justices of the Peace is granted standing to make written submissions on the issue of jurisdiction raised by J.P. Massiah

- s.11 of the Act mirrors the legal framework of the Courts of Justice Act which was determined to be mandatory in Hryciuk.  (Decision on Jurisdiction and Alleged Abuses of Process at para 89)

NOTE: The above quotes are taken directly from the first two pages of the Bill of Costs filed with the Justices of the Peace Review Counsel on March 24th, 2017 by counsel of record for the J.P. They are published here as a community service in accordance with the fundamental principle that Justice Must be Seen to be Done. The point is the Hearing Panel requested the assistance of counsel on their jurisdiction question which they raised and expressly acknowledged that it "is going to take some work." The Hearing Panel did not resolve the question of their own jurisdiction to entertain the JP's motion until July, 7th, 2014 - about a week before viva voce evidence started. The entire hearing was completed before the Hearing Panel adjudicated who the complainant was on January 12th, 2015 - some three years plus after the JPRC received a letter from Mr. Hunt's office in November 2011 and as much as eight years after some occurrences.

*Justice Livingstone was a part-time judge of the Ontario Court of Justice when she chaired the Hearing Panel. She retired following the removal and compensation decisions and prior to the release of the Divisional Court decision.

No comments:

Post a Comment