Adriaanse v. Malmo-Levine
T-2140-98
Nadon J.
27/11/98
12 pp.
Application to stay all further proceedings of RCMP Public Complaints Commission (PCC) in matter of complaints against applicants in connection with Asia-Pacific Economic Cooperation (APEC) meetings held in Vancouver in November 1997, until Court disposing of judicial review application commenced in November 1998-Judicial review commenced in respect of PCC's decision "to continue the hearing notwithstanding a reasonable apprehension that the Chair may have prejudged the issues before the hearing, and therefore may be biased"-RCMP responsible for security at APEC conference-Improper arrest, detention of protesters, improper curtailing of legitimate demonstrations, use of excessive force alleged against RCMP-On February 20, 1998 notice of decision to institute hearing issued-Gerald Morin appointed Chair-Panel empowered to make findings of fact, recommendations to RCMP Commissioner, including recommendations disciplinary action be taken against applicants-Adverse findings of fact, recommendations may have serious impact on applicants' reputations, careers-Shortly after hearing commenced, RCMP member stating overheard conversation in which Chairman indicating view RCMP used excessive force during APEC meetings, knew what decision would be in circumstances, knew what RCMP would do to avoid decision-Chairman unequivocally denied allegations-Applicants commenced judicial review application of decision to continue hearing-Application for stay allowed-Applicant's judicial review application properly brought before this Court in view of Beno v. Canada (Somalia Inquiry Commission) (1996), 207 N.R. 76 (F.C.A.)-(1) Challenge to Chairman's fitness to remain member of Panel serious issue-Denial of allegations not rendering question to be tried less serious-(2) Applicants stand to suffer serious harm if Panel issues adverse report-Harm would be irreparable-(3) Balance of convenience favouring applicants-No public interest in inflicting prejudice on applicants by concluding hearing which may be terminated because Court concluding reasonable apprehension of bias in regard to Chairman-Public interest requiring issue of bias be resolved as soon as possible-Also requiring hearing not resume before bias issue resolved.