Case information

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Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Administrative law – Standard of review – Boards – Procedural fairness – Evidence – University Appeals Board refusing to admit expert evidence tendered by applicant – What is the standard of review to be applied to an administrative tribunal’s rejection of relevant evidence – When should a reviewing court treat such a decision as a discretionary ruling subject to the “reasonableness” standard of review – When should such a denial of the right to call evidence be treated as a matter of fairness – Was the University Appeal Board’s rejection of Dr. Collins’ proposed expert evidence unfair/unreasonable.

The applicant was a student at the University of Alberta. The University’s Code of Student Behaviour prohibits non-consensual sexual contact. Another student brought a formal complaint to Campus Security Services alleging that the applicant sexually assaulted her in his room after a residence party. A university discipline officer reviewed the investigation report and concluded that the applicant had breached the Code and should be expelled. The applicant appealed to the University Appeal Board. The Board considered evidence from the complainant, the applicant, witnesses and a physician who treated the complainant, but ruled it would not admit the applicant’s expert evidence on false sexual assault complaints, self-inflicted injuries and post-traumatic stress disorder. The Board confirmed the officer’s decision but varied the penalty to a three year suspension. An application for judicial review was dismissed by the Court of Queen’s Bench of Alberta. A majority of the Court of Appeal of Alberta dismissed the appeal.