What is the test for a Delegate to determine if the Senior Analyst’s report is a quasi-penal offence?
Canada (Federal), Canada
The following excerpt is from Sztern v. Canada (Attorney General), 2010 FC 181 (CanLII):
The Delegate noted that the proceeding is disciplinary in nature and that the alleged offences have been treated by the courts in the past as similar to a quasi-penal offence. The recognition of the quasi-penal nature of the proof and the hearing before the Delegate does not make subsection 14.02(2) of the Act inoperative. The application of subsection 14.02(2) of the Act is subject to the rules of natural justice (Perrier v. Canada (Superintendent of Bankruptcy), (1995), 93 F.T.R. 127, 55 A.C.W.S. (3d) 902). The Delegate noted that the burden of rebutting the allegations or offences alleged by the Senior Analysts report rests on the applicants.
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