When a director of a professional discipline board makes a decision on a complaint, can she be considered a gatekeeper?
Saskatchewan, Canada
The following excerpt is from Dunkle v. Saskatchewan (Advanced Education, Employment and Labour, Occupational Health and Safety Division), 2011 SKQB 59 (CanLII):
A gatekeeping function is most often found with respect to the validity of complaints in matters of professional discipline, where the initial reviewer has the right to decide if the complaint has enough substance to go forward. As pointed out in Brewer v. Fraser Milner Casgrain LLP, supra, at para. 66, when a gatekeeper role is assigned, that person has an obligation to make an impartial decision. The director could not be a gatekeeper from her own decision, because such a decision would breach the branch of natural justice which states one cannot be a judge in his or her own cause. It would be for the adjudicator appointed pursuant to s. 50(3) of the Act to determine if any particular person who sought to appeal was directly affected by a decision of the director.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What factors are considered in determining whether or not a decision maker has a duty of fairness when making a decision that is procedurally unfair? (Saskatchewan, Canada)
How have courts considered "supra" (supra) in an arbitration decision? (Saskatchewan, Canada)
Is a director personally liable for a payment made by the directors of a company to shareholders in the insurance company? (Saskatchewan, Canada)
What is the impact of a rural municipality’s decision making authority on how to manage its own land? (Saskatchewan, Canada)
What is the standard of review for an appeal against a finding that a decision made by the Court of Appeal against a motion of appeal against the decision not to grant an appeal? (Saskatchewan, Canada)
Can a statement of defence be amended to reflect the decision of the board of arbitration? (Saskatchewan, Canada)
Is there any case law where directors, vendors, syndicate, associates, and/or associates of a company, who are not directors of the company, are required to retain all of the proceeds of a fraudulent scheme? (Saskatchewan, Canada)
What is the impact of having to refer a complaint to a committee of inquiry for professional misconduct? (Saskatchewan, Canada)
Can a panel member review the decision of the Chief Commissioner to dismiss a complaint? (Saskatchewan, Canada)
What jurisdiction does a court have in making a decision that violates section 7 of the Charter? (Saskatchewan, Canada)
