Upcoming Hearings and Decisions

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."

2001-2010

2000 and older

• 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 3238
  The Honourable Judge Charles N. Rubin
  A hearing pursuant to section 17 of The Law Enforcement Review Act