Pacheco v. Dalhousie University, 2005 NSSC 222

• Judge: Robertson, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: February 23, 2005
• Jurisdiction: Nova Scotia
• Citations: 2005 NSSC 222;(2005), 238 N.S.R.(2d) 1 (SC)

Pacheco v. Dalhousie Univ. (2005), 238 N.S.R.(2d) 1 (SC);

    757 A.P.R. 1

MLB headnote and full text

Temp. Cite: [2005] N.S.R.(2d) TBEd. AU.032

Jose Pacheco (applicant) v. Dalhousie University (respondent)

(SH 234292; 2005 NSSC 222)

Indexed As: Pacheco v. Dalhousie University

Nova Scotia Supreme Court

Robertson, J.

August 17, 2005.

Summary:

A Dalhousie University student made a series of allegations that he had been assaulted in a number of ways by students, faculty members and unknown attackers. The student sent a letter to the Nova Scotia Minister of Education repeating some of the allegations and stating that "My Concern Is: Someone is going to be killed, or permanently injured, unless something is done to stop this 'madness'". The University's Senate Discipline Committee found that the student had violated the University's Code of Student Conduct and issued an interim suspension and then a long term suspension. An appeal board upheld the decision. The student applied for judicial review.

The Nova Scotia Supreme Court dismissed the application.

Education - Topic 4511

Universities - Students - Code of conduct - A university student (Pacheco) made a series of allegations that he had been assaulted in a number of ways by students, faculty members and unknown attackers - Pacheco sent a letter to the Minister of Education repeating some of the allegations and stating that "My Concern Is: Someone is going to be killed, or permanently injured, unless something is done to stop this 'madness'" - The university's discipline committee suspended Pacheco for causing fear of bodily harm (Code of Student Conduct, s. B.1(b)) - An appeal board upheld the decision - The Nova Scotia Supreme Court dismissed Pacheco's judicial review application - The appeal board was entitled to considerable deference in matters of student conduct - The committee's finding that there was cause to fear bodily harm was properly upheld by the Board upon the patently unreasonable standard - It was not improper that the Board reviewed Pacheco's record, including a comprehensive review of his conduct over the two years preceding the letter - The university had ample evidence of the seriousness of Pacheco's conduct and reasonably apprehended an escalation of his conduct - The university addressed the matter in a procedurally fair and compassionate way - The suspensions were designed to help Pacheco and to ensure his safety and that of the wider university community.

Education - Topic 4624

Universities - Judicial review of exercise of powers of universities - Standard of review - [See Education - Topic 4511 ].

Cases Noticed:

Pushpanathan v. Canada (Minister of Citizenship and Immigration), [1998] 1 S.C.R. 982, addendum [1998] 1 S.C.R. 1222; 226 N.R. 201, refd to. [para. 11].

Dr. Q., Re, [2003] 1 S.C.R. 226; 302 N.R. 34; 179 B.C.A.C. 170; 295 W.A.C. 170, refd to. [para. 12].

Mohl v. University of British Columbia - see Mohl v. Senate Committee on Appeals on Academic Standing.

Mohl v. Senate Committee on Appeals on Academic Standing (2001), 161 B.C.A.C. 276; 263 W.A.C. 276 (C.A.), refd to. [para. 18].

Wojtaszyk v. University of Toronto, [2004] O.A.C. Uned. 185 (Div. Ct.), refd to. [para. 18].

Healey v. Memorial University of Newfoundland (1992), 106 Nfld. & P.E.I.R. 304; 334 A.P.R. 304 (Nfld. T.D.), refd to. [para. 18].

Director of Investigation and Research, Competition Act v. Southam Inc. et al., [1997] 1 S.C.R. 748; 209 N.R. 20, refd to. [para. 29].

Counsel:

Anthony M. Brunt, for the applicant;

Cheryl Hodder, for the respondent.

Robertson, J., of the Nova Scotia Supreme Court, heard this application at Halifax, Nova Scotia, on February 23, 2005, and delivered the following judgment on August 17, 2005.