Nicholson v. Haldimand-Norfolk Reg. Police Commrs.

Nicholson v. Haldimand-Norfolk Reg. Police Commrs.
Supreme Court of Canada
Hearing: Judgment: 1978-10-03
Full case name: Nicholson v. Haldimand-Norfolk Regional Police Commissioners
Court membership
Chief Justice: Bora Laskin Puisne Justices: Ronald Martland, Roland Ritchie, Louis-Philippe Pigeon, Brian Dickson, Jean Beetz, Willard Estey, Yves Pratte, William McIntyre, Julien Chouinard
Reasons given
Majority by: Laskin C.J.

Nicholson v. Haldimand-Norfolk Reg. Police Commrs., [1979] 1 S.C.R. 311, is a leading decision of the Supreme Court of Canada in Canadian administrative law. The decision was a landmark reform of administrative law, in which the Court significantly increased the degree of court intervention on procedural grounds. The Court stated that procedural fairness exists on a continuum and that parties are entitled to a certain degree of it based on the setting and their circumstances. Prior to this decision, procedural fairness only applied to tribunals that were classified as "judicial" or "quasi-judicial".

Nicholson was employed for a period of 15 months by the regional police when he was terminated without any reason given. The employer claimed that the Police Act allowed them to dismiss him at will, as he was still within an 18 months probationary period of employment. Nicholson, however, argued that he had a common law right to be treated fairly and be notified of the reasons for his termination.

The issue before the Supreme Court of Canada was whether Nicholson's employers were entitled to terminate him without a hearing and without any reasons given. The Court found that Nicholson was entitled to a common law duty of fairness and so should have been able to make submissions to the employer and should have been notified orally or in writing.

See also

• List of Supreme Court of Canada cases

External links

• Full text from CanLII.org