Upcoming Hearings and Decisions
Public Hearings before a Provincial Judge |
Public hearings under The Law Enforcement Review Act (TLERA) are held before provincial judges sitting persona designata. In this respect, they do not sit in their usual capacity as a member of the provincial court. A public hearing will only take place after a matter has been referred by the commissioner under section 17.
Where a public hearing has been referred by the commissioner, section 27(2) of TLERA states: "The provincial judge hearing the matter shall dismiss a complaint in respect of an alleged disciplinary default unless he or she is satisfied on clear and convincing evidence that the respondent has committed the disciplinary default."
The "clear and convincing evidence" standard was brought into the Act in 1992. It is not worded the same as the more traditional standards that are used in other contexts. In criminal cases the standard is "beyond a reasonable doubt", which was used in the act until 1992. In civil cases, the standard is "balance of probabilities." Some provincial judges have held that the "clear and convincing evidence" standard falls between the civil and criminal standards of proof. However, some judges have ruled that clear and convincing evidence simply means the quality of evidence necessary to meet the standard of proof on a "balance of probabilities."
Upcoming Hearings: |
Decisions under Section 17 of The Law Enforcement Review Act |
2023
- LERA File 2017/185 – November 14, 2023
The Honourable Judge Cellitti
A hearing pursuant to section 17 of The Law Enforcement Review Act
2019
- LERA File 2013/153 – September 18, 2019
The Honourable Judge Heinrichs
A hearing pursuant to section 17 of The Law Enforcement Review Act - LERA File 2015/172
The Honourable Judge Lerner
A hearing pursuant to section 17 of The Law Enforcement Review Act
Default Decision – March 12, 2019
Penalty Decision – June 24, 2019
2018
- LERA File 2012/58 – June 27, 2018
The Honourable Judge Guy
A hearing pursuant to section 17 of The Law Enforcement Review Act - LERA File 2012/58 – March 25, 2015
The Honourable Judge Schille
A hearing pursuant to section 17 of The Law Enforcement Review Act
2017
- LERA File 2009/236 – February 22, 2017 - Court Decision
(Transcript of proceedings)
The Honourable Judge Huberdeau
A hearing pursuant to section 17 of The Law Enforcement Review Act
2016
- LERA File 2011/137 – October 14, 2016
The Honourable Judge Harvey
A hearing pursuant to section 17 of The Law Enforcement Review Act
(See also 2015 - 2011/137) - LERA File 2013/47 – August 24, 2016
The Honourable Judge Heinrichs
A hearing pursuant to section 17 of The Law Enforcement Review Act
2015
- LERA File 2012/66 – June 24, 2015
The Honourable Judge Thompson
A hearing pursuant to section 17 of The Law Enforcement Review Act - LERA File 2011/137– February 13, 2015
The Honourable Judge Heinrichs
A hearing pursuant to section 17 of The Law Enforcement Review Act
(See also 2016 - 2011/137)
2013
- LERA File 2007-283 – April 2, 2013
The Honourable Judge Stewart
A hearing pursuant to section 17 of The Law Enforcement Review Act
2012
- LERA File 2007/191 – April 19, 2012
The Honourable Judge R. Heinrichs
A hearing pursuant to section 17 of The Law Enforcement Review Act - LERA File 2009/233 – April 2, 2012
The Honourable Judge F. Sandhu
A hearing pursuant to section 17 of The Law Enforcement Review Act - LERA File 2009/232 – April 2, 2012
The Honourable Judge F. Sandhu
A hearing pursuant to section 17 of The Law Enforcement Review Act
2011
- LERA File 2009/217 – November 23, 2011
The Honourable Judge K. Moar
A hearing pursuant to section 17 of The Law Enforcement Review Act - LERA File 2008/72 – October 24, 2011
The Honourable Judge C. Carlson
A hearing pursuant to section 17 of The Law Enforcement Review Act - LERA File 2006/324 – October 3, 2011
The Honourable Judge Stewart
A hearing pursuant to section 17 of The Law Enforcement Review Act - LERA File 2008/161 – March 10, 2011
The Honourable Judge John Combs
A hearing pursuant to section 17 of The Law Enforcement Review Act - LERA File 2007/73 – March 1, 2011
The Honourable C. Roller, P.J.
A Preliminary Motion (Jurisdiction)
Older Decisions |
Date of Decision not specified |
- LERA File 3705
The Honourable Associate Chief Judge Brian Giesbrecht
A hearing pursuant to section 17 of The Law Enforcement Review Act - LERA File 3601
The Honourable Associate Chief Judge Bruce H. Miller
A hearing pursuant to section 17 of The Law Enforcement Review Act
See also a penalty hearing pursuant to section 28(1) of The Law Enforcement Review Act - LERA File 3610
The Honourable Judge P. J. Howell
A hearing pursuant to section 17 of The Law Enforcement Review Act- LERA File 3610 – September 24, 2002
The Honourable Judge Murray Howell
A hearing pursuant to section 17 of The Law Enforcement Review Act
- LERA File 3610 – September 24, 2002
- LERA File 3238
The Honourable Judge Charles N. Rubin
A hearing pursuant to section 17 of The Law Enforcement Review Act