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Institutional Bias

Published in the June 2010 issue of Litigation Notes - View Article

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Dr. Bajwa is a veterinarian and a member of the British Columbia Veterinary Medical Association (“BCVMA”). The BCVMA is a self governing professional body which regulates the standards and practices of veterinarians in British Columbia. A number of complaints of unprofessional conduct were made against Dr. Bajwa, which were investigated by the Inquiry Committee of the BCVMA, found to be well founded and referred to Council for discipline. Council imposed various sanctions. Dr. Bajwa applied to the B.C Supreme Court Court for judicial review.

Dr. Bajwa did not allege bias on the part of individual members of the Inquiry Committee or the Council, but did allege that the BCVMA is institutionally biased against foreign trained Indo-Canadian veterinarians. Dr. Bajwa’s counsel had tried to raise the issue of institutional bias at the hearing of the inquiry committee, but the Committee concluded that it did not have jurisdiction under the Veterinarians Act to consider the question of institutional bias. It went on to conclude that in any event the charges against him were substantiated.

The B.C. Supreme Court considered the test for determining whether a reasonable apprehension of bias exists, namely “whether a reasonably informed bystander could reasonably perceive bias on the part of an adjudicator.” In applying the test there is no absolute or inflexible standard. There is a diversity of administrative boards and those that are primarily adjudicative in their functions “will be expected to comply with the standard applicable to courts”. The BCVMA is responsible for disciplining its members and is at the “adjudicative end of the spectrum” of administrative tribunals. The Inquiry Committee had a duty to consider Dr. Bajwa’s submissions on institutional bias. Council’s decision and penalty were quashed and the matter was remitted to the BCVMA for consideration of the institutional bias evidence and submissions.

Bajwa v. BCVMA, 2010 BCSC 848 (CanLII)