Graham v. River Bend Presbytery, (2002) 218 Sask.R. 177 (QB)

• Judge: Allbright, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: April 12, 2002
• Jurisdiction: Saskatchewan
• Citations: (2002), 218 Sask.R. 177 (QB);2002 SKQB 149

Graham v. River Bend Presbytery (2002), 218 Sask.R. 177 (QB)

MLB headnote and full text

Temp. Cite: [2002] Sask.R. TBEd. AP.031

Heather Graham (applicant) v. River Bend Presbytery (defendant)

(2001 Q.B.G. No. 2561; 2002 SKQB 149)

Indexed As: Graham v. River Bend Presbytery

Saskatchewan Court of Queen's Bench

Judicial Centre of Saskatoon

Allbright, J.

April 12, 2002.

Summary:

The respondent suspended the applicant from functioning as a minister in the United Church of Canada. The applicant sought: 1) judicial review of the decisions and procedures of the respondent regarding her suspension, 2) an order of certiorari quashing the suspension, and 3) an injunction preventing the respondent from taking any further proceedings or action to restrict or place conditions on her ministry privileges.

The Saskatchewan Court of Queen's Bench held that the applicant had been denied natural justice by the respondent and quashed the respondent's decision to suspend her.

Administrative Law - Topic 612

The hearing and decision - Disclosure by tribunal - Of investigative results or notes - The respondent suspended the applicant from functioning as a minister in the United Church of Canada - She sought judicial review - The Saskatchewan Court of Queen's Bench held that the applicant had been denied natural justice where the respondent would not give her full disclosure of all the complaints and concerns respecting her ministry - Thus she was not able to fully respond to the matters that formed the basis of disciplinary action against her - The court quashed the respondent's decision to suspend the applicant.

Administrative Law - Topic 614

The hearing and decision - Disclosure by tribunal - Particulars of complaint - [See Administrative Law - Topic 612 ].

Churches - Topic 1082

Internal government - Clergy - Dismissal or suspension - Procedure - [See Administrative Law - Topic 612 ].

Churches - Topic 1083

Internal government - Clergy - Dismissal or suspension - Remedies for - [See Administrative Law - Topic 612 ].

Cases Noticed:

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, refd to. [para. 27].

Lindenburger v. United Church of Canada (1987), 20 O.A.C. 381 (C.A.), affing. (1986), 10 O.A.C. 191 (Div. Ct.), refd to. [para. 28].

McCaw v. United Church of Canada (1991), 49 O.A.C. 389; 82 D.L.R.(4th) 289 (Div. Ct.), refd to. [para. 28].

Davis v. United Church of Canada; Hobbs v. United Church of Canada (1992), 92 D.L.R.(4th) 678 (Ont. Gen. Div.), refd to. [para. 28].

Rosen v. Saskatoon District Health Board (2001), 213 Sask.R. 61; 260 W.A.C. 61 (C.A.), refd to. [para. 29].

Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817; 243 N.R. 22; 174 D.L.R.(4th) 193, refd to. [para. 30].

Bailey et al. v. Saskatchewan Registered Nurses' Association (1996), 145 Sask.R. 133 (Q.B.), refd to. [para. 32].

Counsel:

Cheryl A. Cuelenaere, for the applicant;

Craig D. Neely, for the defendant.

This application was heard by Allbright, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Saskatoon, who delivered the following decision on April 12, 2002.