The appellants sought judicial review to quash notices of potential findings of misconduct issued by the Commissioner of the Inquiry on the Blood System in Canada.
The appellants argued the Commissioner exceeded his jurisdiction by making findings that amounted to civil or criminal liability, and that the late delivery of the notices breached procedural fairness.
The Supreme Court of Canada dismissed the appeal, holding that a commissioner may make findings of misconduct and evaluate facts according to standards of conduct, provided they do not amount to conclusions of legal liability.
The Court also found the procedural protections afforded to the parties were extensive and the timing of the notices was fair given the complexity of the inquiry.
