Kanuit v. Law Enforcement Appeal Board, (1977) 3 A.R. 209 (TD)

• Judge: Shannon, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: March 15, 1977
• Citations: (1977), 3 A.R. 209 (TD)

Kanuit v. Law Enforcement Appeal Bd. (1977), 3 A.R. 209 (TD)

MLB headnote and full text

Kanuit v. Law Enforcement Appeal Board

Indexed As: Kanuit v. Law Enforcement Appeal Board

Alberta Supreme Court

Trial Division

Judicial District of Calgary

Shannon, J.

March 15, 1977.

Summary:

This headnote contains no summary.

Administrative Law - Topic 2442

Natural justice - Notice of hearing - When notice of hearing required - A policeman was convicted of negligence in the course of duty and he was disciplined pursuant to the Alberta Police Act - The policeman appealed his conviction to the Law Enforcement Appeal Board - The Board dismissed the appeal without giving notice to the policeman or hearing the policeman contrary to s. 13 of the Police Act - The Alberta Supreme Court granted an order of certiorari and quashed the decision of the Law Enforcement Appeal Board - The Alberta Supreme Court, Trial Division, stated that the Board's failure to give notice and its failure to hear the policeman were a violation of the principles of natural justice.

Statutes Noticed:

Police Act, S.A. 1973, c. 44, sect. [para. 5]; sect. 33(1) [para. 7].

Police Act Regulations (Alberta), sect. 55(5), sect. 55(7) [para. 5].

Counsel:

A.G. Park, for the applicant;

M.A. Adam, for the respondent.

The judgment of the Alberta Supreme Court was delivered by SHANNON, J., at Calgary, Alberta on March 15, 1977.