In a judgment dated April 26, 2017, a panel of the Divisional Court dismissed an application for judicial review commenced by a pharmacy candidate who had failed to pass the Pharmacy Examining Board of Canada’s qualifying examination within the maximum four permitted attempts.
In his application, the applicant sought to quash an alleged “decision” of the Board rejecting the applicant’s request for a fifth attempt on the basis of certain personal circumstances. In addition, the applicant sought to challenge the Board’s existence altogether and strike down the federal statute under which it was incorporated on the basis that the regulation of professions lies within provincial jurisdiction. Alternatively, the applicant argued that the creation of an attempt limit itself was ultra vires the Board’s incorporating Act.
The Divisional Court dismissed the application in its entirety. In doing so, Madam Justice Taylor (writing for the Court) held as follows:
This decision is significant as it reiterates that not every response letter from an administrative body will constitute a decision that is amenable to judicial review. It also makes important findings with respect to the constitutional division of powers and upholds the Board’s incorporating Act.
The Board was represented in the application for judicial review by Jed Blackburn and Tim Pinos, with support from Rob Kligman.
A copy of the reported decision can be found here.