During our 2011 Professional Regulation Conference, a question arose as to the information
inquiry committees may, or should, give to complainants.
In 2014, however, a Nova Scotia court confirmed that procedural fairness requirements are less at the screening stage than at the disciplinary stage, and that
inquiry committees are entitled to deference when they decide to send a matter to a hearing, in Levesque v. Nova Scotia College of Optometrists, 2014 NSSC 22.
This case results in much - needed clarity about how
inquiry committees should decide about actions to protect the public, especially in «he said, she said» complaint situations.
Inquiry — letters of expectation (or criticism): Courts in both BC and Ontario confirmed the power of investigative or
inquiry committees to issue letters that fall short of a reprimand, even though they may set out expectations for future conduct, or even criticize or caution a registrant about past conduct.
When screening or
inquiry committees decide on interim or «extraordinary» measures pending further investigation, they need to decide how much information is enough.
In their dissenting report, the council members wrote that 4,000 pages of stenographic notes on hearings before the first and second
inquiry committees were not included in English.
From evidence taken during the course of
its inquiry the Committee takes the view that the current operation of section 46 is inadequate and is not providing protection against price discrimination.
Walker told
the inquiry committee that there is «absolutely no research advice» on how much time students should spend doing homework.
Even if you look beyond the fact that guidelines on «optimum hours» aren't backed by research advice, suggesting set times - as
the inquiry committee points out - is about the quantity of work set, rather than the quality.
An alternative interpretation of «
inquiry committee finding is that there exists no credible evidence» might be that (a) it used to exist but exists no more; or (b) that the evidence was not «credible», being hearsay.
After careful consideration of all the evidence and relevant materials,
the inquiry committee finding is that there exists no credible evidence that Dr. Mann had ever engaged in, or participated in, directly or indirectly, any actions with intent to delete, conceal or otherwise destroy emails, information and / or data related to AR4, as suggested by Dr. Phil Jones.
«After careful consideration of all the evidence and relevant materials,
the inquiry committee finding is that there exists no credible evidence that Dr. Mann had ever engaged in, or participated in, directly or indirectly, any actions with intent to delete, conceal or otherwise destroy emails» I find the phrase «There exists no credible evidence» to be a statement of fact.
They went on to state that «After careful consideration of all the evidence and relevant materials,
the inquiry committee finding is that there exists no credible evidence that Dr. Mann had ever engaged in, or participated in, directly or indirectly, any actions with intent to delete, conceal or otherwise destroy emails, information and / or data related to AR4».
«On January 15, 2010, and on behalf of
the inquiry committee, Dr. Foley conveyed via email an additional request of Dr. Mann, who was asked to produce all emails related to the fourth IPCC report («AR4»), the same emails that Dr. Phil Jones had suggested that he delete.
The inquiry committee completes the inquiry, including the preparation of a final inquiry report that includes any comments received from the respondent, within 60 days of the committee's first meeting unless the Dean or Director determines, and documents in the inquiry record, that the circumstances warrant a longer period
All
an inquiry committee has to do is look at side - by - sides, say «yes, looks like plagiarism», write «Yes, an investigation is warranted.»
GP: They * appointed *
a inquiry committee in April, although that does not mean they committee actually * met * in April.
Inquiry process At
the inquiry committee's first meeting, the Dean or Institute Director reviews...»
Given allegations, * already public *, against staff members, for a high - profile case, most VP Research would have
an inquiry committee formed within a few days, either to clear the respondents quickly or show serious diligence in following up.
1) Letter from GMU 07/28/10 was the first time they told Bradley they had formed
an inquiry committee in April.
2) GMU policy says they tell the respondent when they form
an inquiry committee, and they get to challenge.
This notice includes a statement of the allegation, a description of the inquiry process, the identities of the members of
the inquiry committee, and all applicable university policies.
What I said in my post — and I was intentionally precise — is that
the inquiry committee should have put the issue to the investigation committee.
According to the PSU
inquiry committee report, the completed inquiry roughly equates to the first phase of the process described above by Osteander, the phase designed to «weed out frivolous claims.»
If it was
the inquiry committee's opinion that the first three allegations against Mann were obviously incredible, then the lack of contact during this phase is not necessarily unreasonable or unexpected, and claims of a whitewash would therefore be premature.
There have been complaints by a number of Mann's accusers (such as Steve McIntyre of ClimateAudit) that
the inquiry committee ruled without consulting anyone outside of PSU.
Yesterday, in the case of Quebec Superior Court Justice Michel Girouard — who admitted to meeting regularly with a man later convicted of trafficking — the CJC rejected the majority opinion of its own
inquiry committee to remove the judge from the bench.
An inquiry committee, comprising two chief justices and a Quebec barrister, was struck to investigate the allegations.
The inquiry committee imposed a chaperone requirement while the investigation continued, but the B.C. Supreme Court reversed the order (April 4, 2015, with our blog summary here, as the complainant did not see the massage therapist commit sexual misconduct, and could have «easily» looked.
In accordance with council's Inquiries and Investigations By - laws,
the inquiry committee will have an uneven number of members, with the majority being CJC members.
The inquiry committee includes three chief justices appointed by the CJC and two lawyers appointed by the minister of Justice.
Plante filed a complaint with the Conseil de la magistrature du Québec and
an inquiry committee was established.
The inquiry committee investigating a sexual harassment and discrimination complaint filed against the judge in September 2010 released the notice of allegations yesterday.
«I haven't seen that before, where a judge is accused of misconduct and
the inquiry committee isn't able to make a finding that the misconduct is proven to the necessary degree of certainty and yet didn't accept the evidence of the judge and felt that his evidence justified a removal from office in itself,» he says.
While an order by the College's
inquiry committee's under HPA s. 35 was initially been set aside by a judge of the B.C. Supreme Court, the B.C. Court of Appeal allowed the College's appeal.
Where
an inquiry committee of a college under the BC Health Professions Act summarily dismisses a complaint, on the basis the college lacks jurisdiction over the subject matter of the complaint (e.g., a financial dispute between the parties), the Health...
This question arises under BC's Health Professions Act, when
any inquiry committee may take action «necessary to protect the public» (section 35), but registrants may demand that the committee weigh evidence of their «innocence» as part of their decision - making.
The inquiry committee will need to consider the source of the allegation and its potential seriousness.
(v) «As regards the amount of evidence before
the inquiry committee, one would expect the allegation to have been made or confirmed in writing, whether or not it has yet been reduced to a formal witness statement.
The College appealed to the Court of Appeal on several grounds, including that the chambers judge failed to apply a reasonableness standard of review while improperly re-weighing the evidence, and erred in finding the decision unreasonable by improperly requiring
the inquiry committee to weigh the respondent's version of events.
It is sufficient for
the inquiry committee to act, if it takes the view that there is a prima facie case and that the prima facie case, having regard to such material as is put before it by the registrant, requires that the public be protected by an interim order.
The Honourable Chief Justice Bauman decided that s. 35 can be used where
an inquiry committee takes the (two - step) view «that there is a prima facie case and that the prima facie case, having regard to such material as is put before it by the registrant, requires that the public be protected by an interim order» [55 (iv)-RSB-.
[80 - 81] It disapproved of a more burdensome «strong» prima facie case standard, where
an inquiry committee may consider more onerous conditions, like a suspension.
(iv) «When considering an interim order,
the inquiry committee is not making findings of fact or making findings as to whether the allegations are or are not established.
(i) «For an order to be necessary for the protection of the public
the inquiry committee must be satisfied that there is a real risk to patients, colleagues or other members of the public if an order is not made.
The error by the lower court: The Court of Appeal decided that the judge below made errors when she set aside the order of
the inquiry committee.
[81] The court confirmed that under HPA s. 35,
an inquiry committee should be satisfied of a prima facie case, meaning a case for allegations which, if believed, is sufficient to justify a verdict «in the absence of an answer», and that the public requires protection through an interim order.
Based on this information,
the inquiry committee ordered «extraordinary action» under HPA s. 35 while its investigation continued, in the form of a chaperone requirement while he treated female patients.
The inquiry committee must balance the need for an interim order against the consequences for the registrant and satisfy itself that the consequences of the order are not disproportionate to the risk from which the panel is seeking to protect the public.
Procedural fairness issues:
The inquiry committee made its first order for extraordinary action without notice to the Registrant, but it provided him with an opportunity to request that
the inquiry committee reconsider its order, and make submissions.