Heather C. Mackay

The appellant, a member of a police services board, appealed a decision of a civilian commission finding him guilty of misconduct.

The appellant argued that the panel lost jurisdiction due to a reasonable apprehension of bias, as the same three members who adjudicated the hearing had previously participated in the investigation and the decision to hold an inquiry.

The Divisional Court allowed the appeal, holding that the merging of investigative, prosecutorial, and adjudicative functions by the panel members created a reasonable apprehension of bias.

The decisions of the commission were quashed and the matter was remitted for a re-hearing.