Acts and Regulations

C-2.7 - Child, Youth and Senior Advocate Act

Full text
Refusal to investigate or review
17(1)The Advocate may, in his or her discretion, refuse to or cease to review, investigate or provide advocacy services in relation to a matter in the following circumstances:
(a) an adequate remedy or right of appeal already exists, regardless of whether the petitioner has availed himself or herself of the remedy or right of appeal;
(b) the petition is trivial, frivolous, vexatious or not made in good faith;
(c) having regard to all the circumstances of the case, further investigation or review is unnecessary;
(d) the petition relates to a decision, recommendation, act or omission that the petitioner has had knowledge of for more than one year before making the petition;
(e) the petitioner does not have a sufficient personal interest in the matter; or
(f) upon a balance of convenience between the public interest and the person aggrieved, the Advocate is of the opinion that the petition should not be investigated or reviewed.
17(2)If the Advocate decides not to act or to cease acting in relation to a petition, the Advocate shall inform the petitioner and any other interested person of the decision and may provide reasons.
17(3)Notwithstanding paragraph (1)(e), the Advocate shall not, due only to a lack of sufficient personal interest on the part of the petitioner, refuse to investigate or review any matter forwarded to the Advocate by the following:
(a) the Lieutenant-Governor in Council;
(b) a member of the Legislative Assembly; or
(c) an authority.
Refusal to investigate or review
17(1)The Advocate may, in his or her discretion, refuse to or cease to review, investigate or provide advocacy services in relation to a matter in the following circumstances:
(a) an adequate remedy or right of appeal already exists, regardless of whether the petitioner has availed himself or herself of the remedy or right of appeal;
(b) the petition is trivial, frivolous, vexatious or not made in good faith;
(c) having regard to all the circumstances of the case, further investigation or review is unnecessary;
(d) the petition relates to a decision, recommendation, act or omission that the petitioner has had knowledge of for more than one year before making the petition;
(e) the petitioner does not have a sufficient personal interest in the matter; or
(f) upon a balance of convenience between the public interest and the person aggrieved, the Advocate is of the opinion that the petition should not be investigated or reviewed.
17(2)If the Advocate decides not to act or to cease acting in relation to a petition, the Advocate shall inform the petitioner and any other interested person of the decision and may provide reasons.
17(3)Notwithstanding paragraph (1)(e), the Advocate shall not, due only to a lack of sufficient personal interest on the part of the petitioner, refuse to investigate or review any matter forwarded to the Advocate by the following:
(a) the Lieutenant-Governor in Council;
(b) a member of the Legislative Assembly; or
(c) an authority.