PEI Supreme Court Upholds Discipline Committee Decision Despite Failure to Release Reasons Within 60-Day Statutory Deadline

February 11, 2025 | Alex Smith

In Llewellyn v. College of Registered Nurses and Midwives of P.E.I., 2024 PESC 41, the Supreme Court of Prince Edward Island upheld a discipline committee’s finding of professional misconduct and penalty against a member, despite the discipline committee failing to release its written decision and reasons within the 60-day timeframe set out in the governing legislation.

Background

The member appealed the Notice of Determination and Orders of the College of Registered Nurses and Midwives of Prince Edward Island (the “College”) to the Supreme Court of Prince Edward Island (the “Court”). In the Notice of Determination and Orders, the College made findings of professional misconduct and imposed certain sanctions against the member. The member raised several grounds of appeal, one of which was that the College’s Hearing Committee failed  to comply with the PEI Regulated Health Professions Act, R.S.P.E.I. 1988, Cap. R-10.1 (the “RHPA”) requirement that the Hearing Committee serve a written Notice of Determination and reasons for the determination and a copy of any order made within 60 days after the completion of the hearing.

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