Does a disciplinary board have a duty to follow the procedure of a judicial type of procedure?

British Columbia, Canada


The following excerpt is from Cardinal v. Kent Institution, 1982 CanLII 434 (BC CA):

See also the judgment of Dickson J. in Martineau v. Matsqui Institution Disciplinary Bd., supra, at p. 622 as follows: In the case at bar, the disciplinary board was not under either an express or implied duty to follow a judicial type of procedure, but the board was obliged to find facts affecting a subject and to exercise a form of discretion in pronouncing judgment and penalty. Moreover, the board's decision had the effect of depriving an individual of his liberty by committing him to a "prison within a prison". In these circumstances, elementary justice requires some procedural protection. The rule of law must run within penitentiary walls.

With respect to this issue, I am of the opinion that the approach taken by Warren C.J.U.S. in Peyton v. Rowe (1968), 391 U.S. 54, 20 L. Ed. (2d) 426, 88 S. Ct. 1549, is apt. In that case he said [per U.S. headnote]: The writ of habeas corpus is not a static, narrow formalistic remedy and its scope has continually developed in order that it constantly protect individuals against the erosion of the right to be free from wrongful restraints on their liberty.

Other Questions


What is the impact of Rule 37B of the BC Rules of Civil Procedure and Procedure on Rule 37 B of the Rules of Procedure? (British Columbia, Canada)
Does the BCSC need to approve the proposed amendments to the Rules of Civil Procedure and Procedure to the rules of procedure? (British Columbia, Canada)
Is a disciplinary action acceptable if it is within the range of fair and reasonable disciplinary action? (British Columbia, Canada)
If a party can have challenged a foreign court’s procedural defects in that foreign proceeding, can that party collaterally attack the foreign procedural process before the Canadian court at the enforcement stage? (British Columbia, Canada)
What is the judicial review approach used by a court engaged in judicial review? (British Columbia, Canada)
What is the test for proportionality under Rule 1-3(2) of the Rules of Civil Procedure and Procedure? (British Columbia, Canada)
What is the effect of Rule 37B of the Canadian Rules of Civil Procedure and Procedure on the duration and expense of litigation? (British Columbia, Canada)
What are the requirements of procedural fairness in the context of club disciplinary proceedings? (British Columbia, Canada)
What is the relevance of Rule 11‑6(4) of the Rules of Civil Procedure and Procedure requiring a physical examination? (British Columbia, Canada)
What factors will be considered by a Law Society of BC disciplinary panel in determining the appropriate disciplinary action? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.