The Court of
Appeal noted that s. 84 (4) of the General Bylaws of the
Alberta Teachers» Association states, «unless otherwise specified the votes or decisions of any
committee or panel shall be by majority of those participating in the vote or decision.»
4 The following persons are excluded from serving as jurors: (a) members of the Privy Council, the Senate and the House of Commons of Canada; (b) members of the Legislative Assembly of
Alberta and the Executive Council; (c) members of the council of a municipality or members of a board of trustees of a school district or school division; (d) judges of the Provincial Court, justices of the Court of
Appeal and Court of Queen's Bench and justices of the peace, whether retired or not; (e) barristers and solicitors, whether or not they are practising, and students ‑ at ‑ law; (f) medical examiners under the Fatality Inquiries Act; (g) officers and employees of the Legislative Assembly of
Alberta; (h) persons who (i) have been convicted of a criminal offence for which a pardon has not been granted, or (ii) are currently charged with a criminal offence; (i) witnesses summoned to attend before the Legislative Assembly or a
committee of the Legislative Assembly during the period that their attendance is required; (j) persons confined in an institution; (k) persons engaged in the administration of justice, including (i) members and employees of any police service, (ii) probation officers, (iii) employees of the Department of Justice, and (iv) employees of the Department of Justice of Canada or the Department of the Solicitor General of Canada.
Furthermore, a court may consider as premature any review of an inquiry
committee decision before the conclusion of the entire matter, e.g., after a discipline hearing, as noted by the
Alberta Court of
Appeal in MK Engineering Inc. v The Association of Professional Engineers and Geoscientists of
Alberta Appeal Board, 2014 ABCA 58.