More Evidence of Bias/Unfairness in JP Removal: Presenting Counsel on Panel Composition - Part 3

Excerpts from Presenting Counsel's Submission


February 1, 2017

Marilyn E. King
Registrar
Justices of the Peace Review Council
31 Adelaide Street East
Toronto, Ontario
M5C 2K3

Dear Ms. King:

RE:  Justice of the Peace Massiah   v.   Justices of the Peace Review Council


As Presenting Counsel, we take the view that the re-hearing of the compensation question should be conducted by the two remaining members of the Panel.  In discussions with then-counsel for Mr. Massiah, (Mr. Anand) following the release of the Divisional Court's decision, it was agreed that this was the appropriate way to proceed....

While the chair of the tribunal may well have the discretion to add a member to an existing panel with the consent of the parties, in our view this is not an appropriate case for any such discretion to be exercised and we would not consent to it....

We would also like to indicate that we are content to have the re-hearing of the compensation issue conducted in writing, should the panel be so inclined.  Full submissions on the facts have already been made to the panel, and a transcript of those submissions is available. The remaining issue the the discrete legal question of how the Divisional Court's reformulation of the applicable legal principles should apply to the application of s.11.1(17) of the Justices of the Peace Act.  This could be adequately addressed in writing, in our view.

Yours very truly,


Henein  Hutchison LLP

Marie Henein
Mathew Gourlay
Presenting Counsel




What does the Justices of the Peace Act say ? 


Justices of the Peace Act

Hearing Panels

Composition:

s.11.1(2)   A hearing panel shall be composed of,

(a)   a judge who shall chair the panel;
(b)   a justice of the peace; and
(c)   a member who is a judge, a lawyer or a member of the public.

Quorum

(3)   All members of the panel constitute a quorum.




NOTE:  This excerpt of Presenting Counsel's submission to the JPRC on the issue of the composition of the Hearing Panel and whether the standard oral hearing format would be departed from is published here to draw attention to an issue of public importance.  Rule 59 of the Rules of Civil Procedure allow for the varying or amending of orders where something was not raised or adjudicated upon and that something impacts the court's order. According to Presenting Counsel in her submissions, the JP's appellate counsel was aware of this point. Could not the current impasse caused by the Panel's inability to decide have been averted through a Rule 59 motion on consent ?