Kampman v. Canada
A-1117-91
Stone J.A.
21/1/93
4 pp.
Application to set aside Appeal Board's decision on ground refusal to adjourn hearing so as to allow applicant to be present denial of natural justice -- Applicant prevented from attending due to illness -- Suspended from job as registered nurse in Kent Institution, B.C. for thirty shifts for breach of discipline -- Enhanced Reliability Status later removed based on failure to report relationship with former inmate during period of parole -- As no longer possessed necessary job qualification and no alternative employment available, deputy head recommending release -- Public Service Employment Act, s. 31(2) permitting employee to appeal against recommendation to board established to conduct inquiry at which employee and deputy head or representatives shall be given opportunity to be heard -- Appeal Board holding applicant's representative, non-lawyer, had had opportunity to be heard, to inform applicant of what had transpired, and not showing applicant's evidence relevant and essential to disposition of appeal -- Application allowed -- Failure to afford applicant opportunity to be present so as to testify on own behalf denial of natural justice -- High standard of justice required when right to continue in one's profession at stake: Kane v. Board of Governors (University of British Columbia), [1980] 1 S.C.R. 1105 -- Court refusing to speculate as to whether testimony advancing case as denial of right of fair hearing itself rendering decision invalid: Cardinal et al. v. Director of Kent Institution, [1985] 2 S.C.R. 643 -- Public Service Employment Act, R.S.C., 1985, c. P-33, s. 31.