Gleason v. Lethbridge Community College et al., (1995) 179 A.R. 130 (QB)

• Judge: Hembroff, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: December 05, 1995
• Citations: (1995), 179 A.R. 130 (QB)

Gleason v. Lethbridge Com. College (1995), 179 A.R. 130 (QB)

MLB headnote and full text

Lawrence Gleason (applicant) v. Lethbridge Community College and Donna Allan (respondents)

(Action No. 9506-00945)

Indexed As: Gleason v. Lethbridge Community College et al.

Alberta Court of Queen's Bench

Judicial District of Lethbridge/MacLeod

Hembroff, J.

December 5, 1995.

Summary:

A student at Lethbridge Community Col­lege was suspended for 3½ years for sexual harassment. The student applied for judicial review.

The Alberta Court of Queen's Bench allowed the application and quashed the suspension.

Administrative Law - Topic 2005

Natural justice - Tribunals subject to rules - Shortly after sexual harassment com­plaints were levied against a college stu­dent, the college discrimination/harassment committee scheduled a hearing - The student was notified the day before the hearing and a draft copy of the college's proposed harassment policy was provided - The policy was adopted on the hearing date - Acting on the committee's findings, the college president suspended the student for 3½ years - The Alberta Court of Queen's Bench quashed the suspension - There was no harassment policy in force when the disciplinary process commenced, and in any event, the committee failed to follow the policy procedures which included compliance with rights legislation - Further, some duty of fairness was required - Lack of notice was the clearest example of unfairness.

Administrative Law - Topic 2006

Natural justice - Circumstances when rules applicable - [See Administrative Law - Topic 2005 ].

Administrative Law - Topic 2206

Natural justice - Policies or rules adopted by the board or tribunal - Duty to pro­mulgate or publish policies or rules - [See Administrative Law - Topic 2005 ].

Administrative Law - Topic 2264

Natural justice - The duty of fairness - When required - [See Administrative Law - Topic 2005 ].

Administrative Law - Topic 2272

Natural justice - The duty of fairness - Circumstances or powers to which duty applies - [See Administrative Law - Topic 2005 ].

Administrative Law - Topic 2442

Natural justice - Procedure - Notice - When required - [See Administrative Law - Topic 2005 ].

Administrative Law - Topic 3204

Judicial review - Agencies or tribunals subject to review - [See Administrative Law - Topic 2005 ].

Education - Topic 4083

Universities - Powers - Re discrimination and harassment - [See Administrative Law - Topic 2005 ].

Cases Noticed:

Nicholson v. Haldimand-Norfolk Regional Board of Commissioners of Police and Ontario (Attorney General), [1979] 1 S.C.R. 311; 23 N.R. 410; 88 D.L.R.(3d) 671; 78 C.L.L.C. 14,181, refd to. [para. 33].

Vinogradov v. University of Calgary (1987), 77 A.R. 227; 37 D.L.R.(4th) 725 (C.A.), dist. [para. 34].

Vanek v. University of Alberta, [1975] 5 W.W.R. 429 (Alta. C.A.), dist. [para. 34].

Knight v. Board of Education of Indian Head School Division No. 19, [1990] 1 S.C.R. 653; 106 N.R. 17; 83 Sask.R. 81; 69 D.L.R.(4th) 489; [1990] 3 W.W.R. 289, refd to. [para. 34].

Cardinal and Oswald v. Kent Institution, Director of, [1985] 2 S.C.R. 643; 63 N.R. 353; 49 C.R.(3d) 35; [1986] 1 W.W.R. 577; 23 C.C.C.(3d) 118; 24 D.L.R.(4th) 44, refd to. [para. 34].

Volker Stevin N.W.T. 92 Ltd. v. North­west Territories (Commissioners), [1994] 4 W.W.R. 236; 113 D.L.R.(4th) 639 (N.W.T.C.A.), refd to. [para. 38].

Namusa Enterprises Ltd. v. Etobicoke Lottery Licensing Officer for Etobicoke and Etobicoke Board of Control (1994), 6 O.A.C. 137 (Div. Ct.), folld. [para. 41].

MacKinnon v. Saint John (City) (1984), 55 N.B.R.(2d) 340; 144 A.P.R. 340; 4 C.C.E.L. 31 (T.D.), folld. [para. 41].

Statutes Noticed:

Individual's Rights Protection Act, R.S.A. 1980, c. I-2, sect. 20 [para. 25].

Counsel:

Ethel G. Bartlett, for the applicant;

Russell D. Albert, for the respondents.

This application was heard before Hem­broff, J., of the Alberta Court of Queen's Bench, Judicial District of Leth-bridge/MacLeod, who delivered the follow­ing judgment on December 5, 1995.