Public Reviews and Hearings

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:

  • LERA File No. 2015/172 Wednesday-Friday, October 18-20, 2017 @ 10:00 a.m.
    Courtroom 316, Law Courts Complex, 408 York Ave, Winnipeg MB


Decisions under Section 17 of The Law Enforcement Review Act

 

2017


2016


2015


2013


2012

2011


2010


2009


2008


2007


2006


2005


2004


2002


  • LERA File 2895
    • March 12, 2002
      The Honourable Judge R.W. Thompson
      A hearing pursuant to section 17 of The Law Enforcement Review Act
    • NOTE: This matter was appealed to the Court of Queen’s Bench pursuant to section 31(1) of The Law Enforcement Review Act. The decision of the Honourable Mr. Justice Menzies was pronounced on December 16, 2003

  • LERA File 5216 - June 26, 2002
    The Honourable Judge Robert Kopstein
    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 on February 11, 2003
  • LERA File 3856 - June 27, 2002
    The Honourable Judge Everett
    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
      The Honourable Judge P. J. Howell
      A hearing pursuant to section 17 of The Law Enforcement Review Act
  • LERA File 3675
    • November 4, 2002
      The Honourable Judge Murray Howell
      A Preliminary Motion (Jurisdiction)
    • October 7, 2004
      The Honourable Judge Murray W. Howell
      A hearing pursuant to section 17 of The Law Enforcement Review Act

2001


2000


1998

1997

1996

1995

1994

1992

1991

1990


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