Student Judicial Affairs Conference Student Discipline: How to Prepare Written Reasons Katrina Haymond March 24, 2006

Supreme Court of Canada confirmed that administrative decision makers must provide written reasons Baker v. Canada (1999) Law Society of New Brunswick v. Ryan (2003)

Are written reasons required for decision made with respect to student discipline? Requirement for reasons may be established in Code of Conduct Even if no express requirement, reasons are now a common law requirement

Public policy reasons for requiring “reasons” –Fairness to individual affected by proceedings –Builds confidence in process –Creates guidelines for other cases –Protects decision from being overturned on review or appeal (e.g. Mpega v. Universite de Moncton)

What happens if adequate reasons are not provided? Handout: “Case from 1976 Leads to Teacher’s Suspension”

Good reasons arise from an effective decision making process Don’t jump to conclusions Listen to evidence Identify key issues Review specific allegations Examine specific allegation to determine if there are sufficient facts to prove the allegation

Finding the facts Have any of the facts been admitted? Identify which facts are in dispute What is the evidence concerning the factual disputes?

Decision making process: 1. Determine whether the allegation is factually proven 2. If the allegation is true, does it constitute a breach of the Code of Conduct?

Decision maker should only begin to write reasons after engaging in decision-making process

What elements should be included in a written decision? Review significant evidence Make any findings of fact that are important If credibility is an issue, need to make a specific finding with respect to credibility Address the substantial arguments raised by the parties Disclose the reasoning process engaged in

Structure for written reasons No magic formula - many different styles will be acceptable

Example of suggested format 1. Introduction - who, what, where 2. Allegations - be specific 3. Preliminary matters - reasons should outline any issues raised by parties, i.e. request for an adjournment, conflict of interest, etc. 4. Evidence - review key evidence 5. Submissions - briefly review any submissions made by the parties 6. Findings - analyze evidence 7. Penalty - identify penalty that will be imposed

Hypothetical Scenario