Does the Commissioner of Standards have a minimal duty of fairness at the investigative stage?
British Columbia, Canada
The following excerpt is from Sandhu v British Columbia (Police Complaint Commissioner), 2021 BCSC 2424 (CanLII):
The Commissioner argues that the minimal duty of fairness required during the investigative stage was met in this case. He relies on Kyle v. Stewart, 2017 BCSC 522 at para. 89 [Kyle], where Justice MacNaughton explained that the minimal duty of fairness at the investigative stage “consists of providing [the member] with information about the complaint which was made against [them] and being given opportunity to respond to it.”
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the significance of the relative standard of living of the parties post post post-war compared to the standard living standard in their respective countries? (British Columbia, Canada)
What is the standard of care required for a professional to be considered in determining whether a professional met the requisite standard for care? (British Columbia, Canada)
What is the current standard for determining if a motorist has acted accordance with the requisite standard? (British Columbia, Canada)
What is the privilege of oral or written communications at the discovery stage and at the trial stage? (British Columbia, Canada)
When can a lawyer obtain an investigation report from the accident investigator? (British Columbia, Canada)
In what circumstances will the Court grant prerogative relief in the manner of conducting investigations where the investigator is simply collecting information and not deciding or adjudicating anything? (British Columbia, Canada)
Is there a distinction between a report prepared at the adjusting stage and a litigation stage? (British Columbia, Canada)
What is the standard of fair compensation for a plaintiff in a medical malpractice case? (British Columbia, Canada)
What are the procedural fairness requirements for a decision to suspend an officer with pay pending an administrative investigation? (British Columbia, Canada)
In what circumstances will the court accept evidence that the traffic light was in the late yellow stage or all red stage at the time the collision occurred? (British Columbia, Canada)
