Below is the Section of the Atlantic Accord Implementation Act that deals with selecting a Chairperson of the CNLOPB
Please read it carefully!
Note particularly subsection 6
I cannot imagine that Judge Halley needed to get up on the wrong side of the bed to call the treatment of Rulokke reprehensible all he had to do was read the Section you are reading now.
Each and every process was followed and as such Rulokke won!
I do recommend to Danny if a layperson can give him some advice - that je lobby the MHA's and MP's in Ottawa to get the law changed. In this way he may end up with what he wants.
Consultation and appointment of chairperson
12. (1) Consultation between the 2 governments with respect to the selection of the chairperson of the board shall be considered to begin
(a) 6 months before the expiration of the term of office of the incumbent chairperson; or
(b) where applicable, on the date of receipt by the board of notice of the death, resignation or termination of appointment of the incumbent chairperson,
whichever occurs earlier.
(2) Where the 2 governments fail to agree on the appointment of the chairperson of the board within 3 months after the beginning of consultation between the governments, the chairperson shall be selected by a panel, consisting of 3 members and constituted in accordance with this section, unless, prior to the selection of the chairperson by the panel, the 2 governments agree on the appointment.
(3) One member of the panel shall be appointed by each government within 30 days after the 3 months referred to in subsection (2).
(4) The chairperson of the panel shall be appointed
(a) jointly by the 2 members of the panel appointed under subsection (3) within 30 days after the later of the 2 appointments made under that subsection; or
(b) where the 2 members of the panel fail to agree on the appointment of the chairperson of the panel within the 30 day period referred to in paragraph (a), by the Chief Justice of Newfoundland and Labrador within 30 days after the expiration of that period.
(5) The chairperson of the board shall be selected by the panel within 60 days after the appointment of the chairperson of the panel.
(6) The decision of the panel selecting a chairperson of the board is final and binding on both governments.
emphasis added to subsection 6
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