Extract
Tremblay v. Quebec (Commission des affaires sociales), [1992] 1 S.C.R. 952 (1992)
Tremblay v. Quebec (Commission des affaires sociales), [1992] 1 S.C.R. 952
Commission des affaires sociales Appellant v.Noémie Tremblay Respondent andMinister of Manpower and Income Security Mis en causeIndexed as: Tremblay v. Quebec (Commission des affaires sociales)File No.: 21651.1992: February 27*.Present: Lamer C.J. and La Forest, L'Heureux-Dubé, Gonthier and Stevenson JJ.on appeal from the court of appeal for quebecAdministrative law -- Natural justice -- Independence of members of Quebec Commission des affaires sociales -- Institutionalized consultation procedure -- Draft decisions systematically sent to Commission's legal counsel for verification and consultation -- Plenary meeting requested in certain cases by commissioners responsible for making decision or by president of Commission to discuss a given question -- Meetings held so as to arrive at a consensus: voting, taking of attendance and keeping of minutes -- Whether consultation process created by Commission consistent with rules of natural justice -- An Act respecting the Commission des affaires sociales, R.S.Q., c. C-34, s. 10.Administrative law -- Natural justice -- Appearance of bias -- Audi alteram partem -- Quebec Commission des affaires sociales -- Unanimous draft decision prepared by two commissioners present at hearing reviewed by Commission president who proposed a contrary opinion -- Convening of plenary meeting of Commission to discuss question of law raised -- Disagreement among commissioners responsible for making decision following meeting -- Question decided by president -- Whether active role played by president violates rules of natural justice -- An Act respecting the Commission des affaires sociales, R.S.Q., c. C-34, s. 10.Courts -- Administrative tribunals -- Confidentiality of deliberations -- Objections by Quebec Commission des affaires sociales to questions from social aid recipient concerning formal consultation process set up by Commission -- Whether objections to evidence based on deliberative secrecy should be dismissed.Following the refusal of the Ministère de la Main-d'{oe}uvre et de la Sécurité du revenu of Quebec to reimburse the cost of certain dressings and bandages, the respondent, who was receiving social aid, appealed this decision to the Commission des affaires sociales. The issue was whether the dressings and bandages came within the definition of "medical equipment" within the meaning of s. 10.04 of the Regulation on Social Aid. The appeal was heard by two commissioners and the parties argued in writing. At the close of the hearing, a draft decision favourable to the respondent was signed by the commissioners and sent to the Commission's legal counsel for verification and consultation in accordance with established practice at the Commission. As the legal counsel was on vacation, it was the president of the Commission who reviewed the draft. He then sent the two com...See the full content of this document
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