Category: Administrative Law Page 31 of 39

The case of the overbilling doctor Part II: The zero-sum game of enhancing administrative legitimacy?

On June 17, 2010

PDF: The case of the overbilling doctor Part II: The zero-sum game of enhancing administrative legitimacy?

Case considered: Searles v. Alberta (Health and Wellness), 2010 ABQB 157

This comment relates to an earlier post of mine back in June 2008 concerning the reassessment by the Minister of Health and Wellness on the billings of Dr. Gordon Searles, and the successful judicial review application by Searles in the Court of Queen’s Bench wherein Justice Burrows set aside the Minister’s reassessment because he found the process exhibited a reasonable apprehension of bias (Searles No. 1). (See Money attracts procedural fairness: the case of the overbilling doctor for necessary background to this discussion.) Subsequent to that judicial review the Minister recommenced the assessment process using a new delegate, and in September 2008 the Minister’s delegate advised Searles that he was once again reassessed in the amount of $985,777.09. Searles applied for judicial review of this second reassessment, once again asserting a reasonable apprehension of bias on the part of the Minister’s delegate (Searles No. 2).

Access to Justice, the Charter and Administrative Tribunals in Alberta: Who holds the Holy Grail?

By Jennifer Koshan

On June 15, 2010

In Administrative Law, Constitutional, Supreme Court of Canada

PDF version: Access to Justice, the Charter and Administrative Tribunals in Alberta: Who holds the Holy Grail?

Case considered: R. v. Conway, 2010 SCC 22

On June 11, 2010, the Supreme Court of Canada considered once again the jurisdiction of administrative tribunals to grant Charter remedies as “courts of competent jurisdiction” under section 24(1) of the Charter in R. v. Conway. This decision purports to broaden the power of administrative tribunals to award Charter remedies found in previous Supreme Court decisions by taking an “institutional” rather than “remedy by remedy” approach to the question of jurisdiction (at para. 23). However, Justice Rosalie Abella, writing for a unanimous Court, was also clear that a tribunal’s remedial jurisdiction under the Charter could be constrained by statute (at para. 22). Conway must therefore be read subject to Alberta’s Administrative Procedures and Jurisdiction Act, R.S.A. 2000, c. A-3.

Is a dismissed complainant in a professional disciplinary proceeding sufficiently ‘aggrieved’ to seek judicial review?

By Shaun Fluker

On May 21, 2010

In Administrative Law

PDF version: Is a dismissed complainant in a professional disciplinary proceeding sufficiently ‘aggrieved’ to seek judicial review?

Case considered: Mitten v. College of Alberta Psychologists, 2010 ABCA 159

Many professions governed by statute have a legislated complaint process whereby the public (typically a current or former client) is able to instigate an investigation into alleged member misconduct. In March 2005, Ida Mitten filed a written complaint against her former psychologist with the College of Alberta Psychologists pursuant to section 29 of the Psychology Profession Act, R.S.A. 2000, c. P-36 (Note this legislation has been superceded by amendments to the Health Professions Act, R.S.A. 2000, c. H-7, but here the Court of Appeal applies the Psychology Profession Act in accordance with legislated transitional provisions and all section references in this comment relate to the Psychology Profession Act). Her complaint was ultimately dismissed by the College in October 2007 on the basis of insufficient evidence of psychologist misconduct.

Filling the Gap: The Proposed “Disposition of Regulated Property Regulation”

By Alice Woolley

On May 5, 2010

In Administrative Law, Energy

Disposition of Regulated Property Regulation (Draft) AR 4570 Draft DRReg 2010 03 31 (available by Email request)

PDF version: Filling the Gap: The Proposed “Disposition of Regulated Property Regulation”

On March 31, 2010 the Alberta government issued a draft regulation pursuant to the Alberta Utilities Commission Act, S.A. 2007, c. A-37.2 (“AUCA”), the Disposition of Regulated Property Regulation (Draft) (“Draft Regulation”). The power to enact regulations is contained in s. 75 of the AUCA, which gives the Lieutenant-Governor in Council the power to make regulations “adding to, clarifying, limiting or restricting” any of the powers granted pursuant to the AUCA. In this case the Draft Regulation is stated expressly to operate as “an addition to” powers granted to the AUC under the Gas Utilities Act, R.S.A. 2000, c. G-5 and the Public Utilities Act, R.S.A. 2000, c. P-5. (Draft Regulation, s. 2(1)).

Court of Appeal Decision on Privacy Process Likely to Have Significant Impact on Office of Information and Privacy Commissioner

By Linda McKay-Panos

On February 22, 2010

In Administrative Law, Privacy

Case considered: Alberta Teachers’ Association v. Alberta (Information and Privacy Commissioner), 2010 ABCA 26

PDF version: Court of Appeal Decision on Privacy Process Likely to Have Significant Impact on Office of Information and Privacy Commissioner

In a rare move, the Alberta Information and Privacy Commissioner, Frank Work, issued a strongly worded news release in response to the Alberta Court of Appeal’s decision in Alberta Teachers’ Association v. Alberta (Information and Privacy Commissioner) (“ATA“). See January 29, 2010, “Commissioner Work expresses Grave Concern over Recent Court of Appeal Ruling.” Mr. Work said, “This decision may have dire implications for every tribunal in this province which has stipulated timelines. There should be a lot of concern on that front.” What prompted this comment?