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In Akinnawonu v. College of Physicians and Surgeons of Alberta, 2025 ABKB 644, the Court of King’s Bench considered an application for judicial review by a regulated member which sought to quash a Notice of Hearing on the grounds that the underlying investigation was procedurally unfair, incomplete and tainted by racial bias.
The Complaints Director argued that the application for judicial review should be struck, because it was premature, without merit, and an abuse of process. The Complaints Director noted that any alleged defects in the investigation process (which were denied) can be adequately and fairly addressed in the hearing, and otherwise the investigation complied with statutory requirements.
The Court dismissed the application for judicial review, finding that it was premature and an abuse of process. The Court agreed that all of the various defects alleged in the investigation process can be cured through a hearing, where the investigated member would have a full opportunity to test the evidence led by the Complaints Director, and lead evidence of his own. The Court emphasized that applications for judicial review alleging defects in the investigation process should only be permitted in rare and exceptional circumstances that did not exist here. In particular, the Court found that allegations of breaches of procedural fairness and bias in the investigation process will generally not constitute “rare and exceptional circumstances” warranting Court intervention before a hearing, provided the hearing process itself allows for such issues to be adequately and fairly adjudicated.
our two cents for free
Professional regulators should seek to strike a balance between administrative efficiency and thoroughly investigating credible complaints. Regulators are not necessarily required to interview every witness, but investigations should be sufficiently thorough to ensure that the most important evidence has been gathered and considered. Investigated members always have a right to participate in the investigation process, including to provide information to the College.
question
Do your investigations strike a good balance between administrative efficiency, and thoroughly investigating credible complaints?
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