What are the legal principles applicable to a review of a discipline hearing conducted under the rules of a voluntary association?

Before turning to the particulars of the appeal, it is worth noting that in broad terms the parties agree on the legal principles applicable to a review of a discipline hearing conducted under the rules of a voluntary association. In short, they are that a member of such an association is entitled to adequate notice of allegations against him or her, a fair opportunity to respond to them, and an unbiased tribunal to adjudicate them: Lakeside Colony of Hutterian Brethren v. Hofer, 1992 CanLII 37 (SCC), [1992] 3 S.C.R. 165 at 175. These entitlements arise as a matter of contract between all members of the association, including the person subject to the discipline process. Members of an association, by joining it, agree to be bound by the association’s rules governing its internal procedures. While the parties agree that an association can stipulate the rules governing a discipline procedure, thereby modifying what might otherwise be the requirements of procedural fairness, they disagree on whether, and under what circumstances, a court has the jurisdiction to declare internal rules or regulations invalid because they violate fundamental principles of procedural justice.