Gayler v. Canada ( Director, Personnel Careers Administration Other Ranks, National Defence Headquarters )
T-2885-92
Muldoon J.
4/3/93
15 pp.
Application for order to abridge time limited between filing and hearing and for interim order to stay respondents' counselling and probation (C & P) procedures until hearing of applicant's case on originating motion-Applicant, member of Canadian Forces, placed on C & P for alleged involvement with drugs-Random urinalysis ordered-Evidence disclosing no personal consumption of unlawful drugs, only "involvement"-Applicant not informed until November 4, 1992 of decision subjecting her to immediate C & P-Principles on stays of administrative decisions in public law matters found in Manitoba (Attorney General) v. Metropolitan Stores Ltd., [1987] 1 S.C.R. 110-Applicant seeking primarily to quash decision subjecting her to C & P and alternatively declaring said decision to be of no force and effect-Members of forces must obey to all lawful superior military orders and commands-Administrative proceedings in applicant's case matter of discipline, short of criminal accusation-Court unsure as to whether serious question to be adjudicated in instant application for relief-First test barely met-Second test whether applicant would, if interim stay not granted, suffer irreparable harm-Irreparable harm to applicant's reputation only if subjected to extraordinary urinalysis-Third test balance of convenience-"Public interest" herein appropriately regarded as good order and discipline of Canadian Forces, must be weighed as important part of balance of convenience-Order submitting applicant to C & P not shown to be unlawful as not without foundation in fact-Application for stay dismissed except as to requirement for extraordinary urinalysis.