Can you bring a motion to a disciplinary tribunal and then later argue that they are biased because they presided over the motion? That strategy failed in Campkin v College of Social Workers of Alberta, 2017 ABQB 358. The College there alleged that Mr. Campkin should be disciplined for misleading his previous regulators in other jurisdictions. Mr. Campkin’s argument that the College had no jurisdiction to hear the allegations was unsuccessful before the hearing panel. He then brought an application asking a Court to set aside the hearing panel’s preliminary ruling. The Court declined to hear his application and sent the matter back to the panel for a hearing on the merits. The Court also declined to direct that a differently constituted panel hear the case on the merits, finding that there was no reasonable apprehension of bias caused simply because the panel had ruled against Mr. Campkin on his preliminary motion.
Interpreting Legislation vs Making Legislation
Regulators cannot enact legislation through policy. However, regulators frequently publish policies interpreting or applying their legislation. The line between those two activities is sometimes fine.