July 14, 2009
By email to email@example.com
71 Blackburn Road,
R. R. 6
Renfrew, Ontario K7V 3Z9
Re: Request for Review
You had a number of questions about the review, particularly the terms of reference respecting the process.
Section 548 of The Manual provides for a review of the Judicial Committee's Decision. It is neither an Appeal nor a re-hearing of the merits of the matter.
The purpose of the review is ensure that due process was followed by the Judicial Committee in its consideration of the matter, both in terms of compliance with the provisions of The Manual and the rules of natural Justice. As General Secretary, I will propose to the General Council that that be the terms of reference.
I will also propose that the same process be followed for conducting the review as in the past, namely that a small group of commissioners be appointed as a committee in order to conduct the review and report with a recommendation to the General Council. As per Section 548 of The Manual, the General Council will then determine whether the Decision of the Judicial Committee is to be "affirmed, reversed, modified, suspended or remitted to the Committee for further hearing".
While the appointment of the committee is up to the General Council, my proposal will include the names of five commissioners who have agreed to serve on the committee. I will inform you of the names of these commissioners as soon as the list is finalized and, in any event, before the start of the General Council on August 9, 2009.
In keeping with past practice, the parties will not make oral submissions to the committee but will be entitled to make written submissions on the issue of due process.
In addition, the materials filed by the Appellant and the Respondent in the Appeal to the Judicial Committee will be provided to the committee. Your submission, dated May 1, 2009 and received in our office that day, includes a covering letter and a two page submission with appendices. Your written material refers to the Appeal, grounds for Appeal and supporting documentation as initially submitted August 21, 2006 if required for reference.. If you could resubmit this material (the latter three items) to me electronically, that would be very much appreciated as it would be preferable to submit this material to the committee in that format.
The response of the Executive of the Judicial Committee to your May 1, 2009 letter is attached.
General Secretary, General Council