Daniel Lavoie

The appellant appealed a judgment of the Quebec Court of Appeal which had dismissed an appeal from a Superior Court judgment convicting the appellant under s. 25 of the Summary Convictions Act.

The Supreme Court of Canada allowed the appeal and ordered a stay of proceedings, finding a flagrant denial of justice apparent from the transcripts.

The appellant obtained writs of evocation from decisions of the Professions Tribunal, which had quashed a Discipline Committee's decision.

The Superior Court held that the wide powers conferred upon the Professions Tribunal, combined with privative clauses, offended s. 96 of the B.N.A. Act by effectively creating a s. 96 court.

The Court of Appeal reversed this decision.

On appeal, the Supreme Court of Canada held that a provincial legislature cannot constitutionally insulate a statutory tribunal from curial review of its decisions on questions of jurisdiction.

The appeal was allowed and the Superior Court judgments restored.