The applicant media organization sought judicial review of a decision to hold an in camera hearing for an extension of time application under s. 83(17) of the Police Services Act regarding police misconduct allegations.
The applicant argued the decision-maker erred by failing to apply the Dagenais/Mentuck test for open court proceedings.
The Divisional Court dismissed the application, finding that the standard of review was reasonableness and that the Dagenais/Mentuck test does not apply to administrative or procedural functions under the Police Services Act, which contains its own statutory framework for determining when hearings may be closed to the public.
