Thank you, and thank you, my honourable colleagues. Even now if the Minister of Justice appoints as many people as that act allows the appointment will be invalid because of the fourth ruling. If he appoints the wrong people, for example senior public servants like deputy ministers, the court has told us the appointment may be declared invalid. In this case my concern is not the charter, but the appointment of this individual who faces a malpractice suit. This does not allow the public to have confidence in a process which must follow the rules of natural justice. I am not suggesting that the Ministry of Health cannot make appointments to the board of inquiries under the Medical Professions Act or that this legislation is flawed. I know that different issues are involved because of the Medical Profession Act inquiry, because this is a civil process and not a criminal one. I am trying to demonstrate to the Minister something that he should already know. There is more to consider in an appointment to a quasi-judicial board or in allowing appointments to stand than what any act stipulates. The matters which may be investigated under the Medical Profession Act are serious ones. The Minister must consider the rules of natural justice and whether the membership of the board might cause the appearance of bias when a hearing is held. I do not definitely that this would happen. Perhaps, Mr. Speaker, no one has raised it in the court yet, but it is an issue that the Minister should consider. I would urge the Minister to take immediate steps to correct the damages to allow for natural justice to be done. Thank you.
Jeannie Marie-Jewell on Minister Of Health's Response To Questions
In the Legislative Assembly on November 26th, 1992. See this statement in context.
Minister Of Health's Response To Questions
Item 3: Members' Statements
November 25th, 1992
Page 143
Jeannie Marie-Jewell Thebacha
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