Riabko v. Canada ( Commissioner of the Royal Canadian Mounted Police )
T-1397-93
Simpson J.
29/12/93
5 pp.
Application pursuant to Federal Court Act, s. 18.2 to stay disciplinary proceedings pending disposition of application for judicial review of number of RCMP decisions in course of initiating disciplinary procedures -- Applicant facing discharge if hearing proceeds -- Hearing to be in camera but applicant fearing information about misconduct may be leaked to press -- Applicant relying on Newfoundland Telephone Co. v. Newfoundland (Board of Commissioners of Public Utilities), [1992] 1 S.C.R. 623, wherein Cory J. finding hearing tainted by bias void, to argue anticipatory or pre-hearing judicial review for bias appropriate to avoid needless expenditure of time, money on proceeding, even though earlier cases expressing preference for post-hearing review of bias issues -- In absence of clear direction favouring judicial review for bias in advance of hearing, and in absence of any evidence about specific bias alleged, injunction denied -- Also impact on other cases if stay granted -- Public interest relevant -- Long delay in holding hearing inevitably prejudicing quality of evidence -- Irreparable harm not established -- That hearing to be held in camera cannot be ignored simply because risk information may be improperly given to press -- If applicant discharged following hearing, will have opportunity to appeal under Act, and appeal process also confidential -- Federal Court Act, R.S.C., 1985, c. F-7, s. 18.2 (as enacted by S.C. 1990, c. 8, s. 5) -- Royal Canadian Mounted Police Act, R.S.C., 1985, c. R-10, ss. 43 (as am. by R.S.C., 1985 (2nd Supp.), c. 8, s. 16), 45.1(14) (as enacted idem).