EXTRAORDINARY REMEDIES - Certiorari

Law360 Canada ( December 22, 2022, 6:25 AM EST) -- Application by Fairgrieve for prerogative relief in connection with a decision of the British Columbia Review Board (Review Board). Fairgrieve was charged with second degree murder. In the criminal proceedings, Fairgrieve was found unfit to stand trial. The Court referred Fairgrieve's matter to the Review Board. The Review Board ordered that he be held in custody at a forensic psychiatric institute for a period of 12 months, pending further review. Global News Ltd. (Global) made a request to the Review Board for access to the Disposition Order and the Disposition Reasons. The Chairperson of the Review Board issued a written decision regarding Global’s continued request for access to the Disposition Reasons. In the result, the Chairperson ordered release of the Disposition Reasons and Disposition Order, subject only to the redaction of the names of third parties listed in the no-contact order. Fairgrieve applied to this Court for an order of certiorari to set aside the Chairperson’s decision on the basis that the issue of public access to the Disposition Reasons and Disposition Order could only be determined by a properly constituted panel of the Review Board. The Review Board panel was content to rely on the written submissions of the parties and declined to order an oral hearing....
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