Rarotonga, 2010

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Administrative Law - Gate-Keeping

. Ahmed v CICB

A blatant example of gate-keeping abuse is found in the case of Ahmed v Ontario (CICB) (Div Ct, 2008). In this case the court allowed a judicial review application seeking mandamus (a mandatory order against government) against the CICB after it refused to issue an applicant the forms necessary to initiate an application. As the basis for its refusal, the CICB stated that: "(i)n the absence of charges, it is assumed that the [alleged assailant police] officers were acting in accordance with the commission of their duties." The court held that this position clearly contravened s.16(1) of the CVCA, which specifically provided that prosecution and/or conviction of a criminal offence was not a prerequisite to an application being granted, and further that the SPPA s.25.1-made rules, which in some cases allowed the refusal of application forms, did not extend to pre-judging the evidence.

That we have administrative tribunals in Ontario being administered by people so oblivious to the rudiments of a legal regime that they would act as the CICB did in Ahmed, should be of profound concern to us all. This degree of arrogance is of 'magna carta' magnitude.

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