Miscellaneous
This week on Legally Speaking with Michael Mulligan:A senior Saanich Police Officer was fired after the Police Complaints Commissioner confirmed a finding that he had committed 14 counts of Deceit as well as Discerptible Conduct and Neglect of Duty for falsifying the recertifications of other officers as Drug Recognition Experts.The fake recertification of other officers as Drug Recognition Experts would have permitted them to test people suspected of driving under the influence of drugs.The senior officer, who has yet to be identified, engaged in this conduct over an extended period, apparently commencing in 2016. While the Office of the Police Complaints Commissioner reported the findings in his annual report, he did not identify the officer. So far, the Saanich Police department has also not identified the officer. The discipline process took so long that the officer retired before the discipline hearing and then failed to show up. His firing, and a reduction in rank, were made retroactive. The officer responsible for the fake recertifications should be identified, and further inquiries should be made to determine if the officers he improperly recertified were complicit in what transpired. People who were subject to criminal charges or administrative driving prohibitions based on the tests conducted by the improperly recertified officers should also be notified. Also on the show, the Supreme Court of Canada has refused a leave application by the Highlands District Community Association which opposed a rock quarry in the Highlands. A rock quarry is a kind of mine and approval is provided by the provincial Mines Inspector, rather than the municipal government. In granting approval the Mines Inspector considered a wide range of factors, including watercourses, the protection of cultural heritage, and plans to reclaim the land once the mining is complete. The Mines Inspector did not, however, consider the climate change implications of the rock quarry.The Highlands District Community Association tried, unsuccessfully, to overturn the approval for the rock quarry by a judicial review, an appeal to the BC Court of Appeal, and finally an attempt to appeal to the Supreme Court of Canada. An appeal of this kind to the Supreme Court of Canada requires permission, referred to as leave. Generally, leave will only be granted for legal issues of national importance. While climate change is clearly an important issue, it is being cited as the reason for opposing everything from cars parking at Clover Point, to plastic shopping bags and, in this case, a rock quarry. In this case, the claim that climate change had not been considered did not transform a dispute about a rock quarry into a matter of national legal significance. Finally, on the show, a claim for pay in lieu of notice for being laid off due to COVID, and then not being rehired is discussed. While the judge concluded that the marketing manager who was not rehired at a car dealership was entitled to some compensation, this was reduced by the amount of money she had received from the CERB program. She received $15,000 rather than the $40,000 she was asking for. Follow this link for a transcript of the show and links to the cases discussed.