Case information

Administrative law – Judicial review – Prematurity – Complaints against applicant, a registered nurse, investigated by College of Registered Nurses of Alberta’s complaints director – Matter referred to hearing tribunal – Applicant seeking judicial review of complaints director’s pre-hearing conduct – Court staying judicial review application as premature – Subsequent judicial review applications dismissed as premature and as collateral attack – Whether prematurity can be used to bar judicial review when a tribunal has disclaimed jurisdiction over investigative fairness – Whether collateral attack can apply where the tribunal itself lacks jurisdiction - Whether Alberta’s Health Professions Act, R.S.A. 2000, c. H-7 constitutionally deficient in omitting safeguards available in other provinces – Whether constitutional minimum of judicial supervision, per Crevier v. A.G. (Québec), [1981] 2 S.C.R. 220, met in this case

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.

The respondent Complaints Director, College of Registered Nurses of Alberta investigated complaints made against applicant Nazeer Hussain Kabir, and referred the matter to a hearing tribunal under the Health Professions Act, R.S.A. 2000, c. H-7.

Mr. Kabir sought to challenge the referral by way of judicial review, then sought to bring an appeal before the Court of Appeal of Alberta. His application for an extension of time to appeal was dismissed. His application for leave to appeal the decision to deny the extension of time was also dismissed.

---

---