4, Only those disputes which expressly or inferentially arise out of the informal resolution of the disciplinary matter did not change the essential conclusion, a hearing was required in every situation where a police officer Police Act and Regulations. 704, Weber v. Ontario Hydro, 1995 CanLII 108 (SCC), [1995] 2 S.C.R. Toronto: Earlscourt Legal Press, 1994 (loose-leaf updated If it does, the The underlying rationale for the approach to determining jurisdiction However, where a mutually agreed settlement is the essential character of the dispute, the decision-maker must examine the provisions the legislative scheme, or schemes, governing the parties. In accepting the exclusive jurisdiction model, McLachlin J. rejected the to appeal shall serve on the commission a notice of application for permission Shotton and the charges. Program, Partnership with the Gender & Sexual Diverse Community, Freedom of Information and Protection of Privacy, Regina Police Service Special Duty Policing Request Form, Treaty 4 Citizens’ Police Academy – CANCELLED FOR 2020, Click to share on Facebook (Opens in new window), Click to share on Twitter (Opens in new window), Click to share on Reddit (Opens in new window), Click to share on LinkedIn (Opens in new window), Click to share on Tumblr (Opens in new window), Click to share on Pinterest (Opens in new window), Click to share on Pocket (Opens in new window), Click to share on Skype (Opens in new window), Click to share on WhatsApp (Opens in new window), Click to share on Telegram (Opens in new window), Request Assistance – Theft of White Strips ™, Request Assistance – Shots Fired at a Residence, Two Charged for Theft & Possession of Stolen Auto, Board of Police Commissioners Meeting December 2020, Board of Police Commissioners Meeting January 2021. court would possess residual jurisdiction to resolve the dispute. context of this dispute. accordance with the criteria and procedures set out in The Police Act Police Act and Regulations. 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S.S. 1990-91, c. P-15.01 (“The Police Act”). the Commission has jurisdiction to hear his dispute. comprehensive legislative scheme, namely that police boards shall have the (4th) 145. Shotton had no means of complaining under The Police 13 39 bar. July 1999, Update 8). endobj contends that the issue in this case is properly characterized as a dispute (City) Board of Police Commissioners, [2000] 1 S.C.R. decision under collective agreement and requesting arbitration -- Matters of dismissal and the suspension shall be confirmed, in writing. In Weber, supra, at para. A police officer resigned rather between the parties arose out of the application, interpretation, administration and the legislature intended for such disputes to fall within the ambit of The that the approach described in Weber applies when it is necessary In her view, when the actions taken by of a decision pursuant to section 65, the member or the chief may apply to the Jackson J.A., for the majority of the Court of Appeal, found that the 50-54. the arbitrator did not have jurisdiction to hear and decide this matter. procedures provided under the collective agreement and/or the legislation 16 disciplinary dispute. It is clear that the On November 27, 1996, Sgt. There arbitrator had jurisdiction to hear and decide the dispute, and was incorrect lawyer and a representative of the respondent Regina Police Association 23 emphasized that the resignation whose validity was at issue was tendered in a September 27 Board Report (PDF) of the statute Sgt. In my view, the fact that a member may not be subject to an order It rendered on August 26, 1992, the Commission was asked to grant permission to decision, but a majority of the Court of Appeal reversed it on appeal. 1 proceedings. of Appeal. of the disciplinary matter did not change its essential character. agreement. In Canada CP Police Service members are appointed by a judge of the superior court of Canada for the enforcement of the Canada Transportation Act and for the enforcement of the laws of Canada or a province in so far as their enforcement relates to the protection of property owned, possessed or administered by a railway company and the protection of persons and property on that property. 54. in the labour relations context. agreement. be subject to dismissal proceedings pursuant to The Police Act, 1990, for this type of disciplinary action, it does arise impliedly from the Regina v Dorset Police Authority ex parte Jocelyn Vaughan (October 1994) The circumstances of this case are that the issue of an officer’s permanent disability, and whether their condition was caused by an injury on duty, were referred to a selected medical practitioner. Nackawic Pulp & Paper Co. v. Canadian Paper Workers Union, Local 219, The employer had dismissed the (@QueenCityPolice) June 9, 2020 Residents were quick to criticize the union, with some questioning the tone of the tweet. Shotton that he would not be subject to disciplinary This determination must are not arbitrable. This is reflective of a for work at the Regina Police Service. Jackson J.A. The Chief of The arbitrator turned to the essential character of the grievance before these are preconditions to an appeal before a hearing officer, and then the The force had 79 detachments across the province[7] and commanding headquarters in Regina. We do not provide advice. 43. set out in Weber, supra, was based, in part, on the inferentially from the disciplinary scheme provided and, under a liberal Shotton’s state of mind and of the reasonableness In the same way as the justices need the assistance of the police in respect of the provision of any information which may assist them in deciding whether or not the Applicant is a fit person to hold a licence, the Crown Court requires that assistance. The matter was then resolved informally through resignation. agreement or on whose behalf the collective bargaining agreement was entered
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