Public Service Alliance of Canada v. Canada (Treasury Board)

Public Service Alliance of Canada v. Canada (Treasury Board)
Court (s) Database
Federal Court of Appeal Decisions
Date
2002-06-05
Neutral citation
2002 FCA 239
File numbers
A-193-01
Decision Content
Date: 20020605
Docket: A-193-01
Neutral citation: 2002 FCA 239
CORAM: RICHARD C.J.
LINDEN J.A.
NOËL J.A.
BETWEEN:
PUBLIC SERVICE ALLIANCE OF CANADA
Appellant
and
HER MAJESTY IN RIGHT OF CANADA
as represented by TREASURY BOARD
and COMMISSIONER OF THE CANADIAN GRAIN COMMISSION
Respondents
Heard at Ottawa, Ontario, on June 5, 2002.
Judgment delivered from the Bench at Ottawa, Ontario, on June 5, 2002.
REASONS FOR JUDGMENT OF THE COURT BY: RICHARD C.J.
Date: 20020605
Docket: A-193-01
Neutral citation: 2002 FCA 239
CORAM: RICHARD C.J.
LINDEN J.A.
NOËL J.A.
BETWEEN:
PUBLIC SERVICE ALLIANCE OF CANADA
Appellant
and
HER MAJESTY IN RIGHT OF CANADA
as represented by TREASURY BOARD
and COMMISSIONER OF THE CANADIAN GRAIN COMMISSION
Respondents
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Ottawa, Ontario
on June 5, 2002.)
RICHARD C.J.
[1] We are all in agreement that the appeal should be dismissed.
[2] In our view, the application judge (2001 FCT 568) correctly concluded that the appellant could not seek to circumvent the statutory grievance procedure provided in the Public Service Staff Relations Act (PSSRA) by bringing an application for judicial review of a decision of the Commissioner of the Canadian Grain Commission, pursuant to section 18.1 of the Federal Court Act.
[3] As noted by the application judge, the comprehensiveness of the PSSRA scheme for the resolution of employment-related disputes between employees of the federal public service and their employer has been affirmed by this Court in Johnson-Paquette v. Canada, [2000] 253 N.R. 305, [2000] F.C.J. No. 441 (C.A.).
[4] Accordingly, the appeal will be dismissed with costs.
"J. Richard"
Chief Justice
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-193-01
STYLE OF CAUSE: PSAC v. HER MAJESTY IN RIGHT OF CANADA and others
PLACE OF HEARING: OTTAWA, ONTARIO
DATE OF HEARING: JUNE 5, 2002
REASONS FOR JUDGMENT OF THE COURT: RICHARD C.J.
LINDEN J.A.
NOËL J.A.
DELIVERED FROM THE BENCH AT OTTAWA, ONTARIO
DATED: JUNE 5, 2002
APPEARANCES:
Mr. Andrew Raven FOR THE APPELLANT
Mr. Richard E. Fader FOR THE RESPONDENT
SOLICITORS OF RECORD:
Raven, Allen, Cameron & Ballantyne
Ottawa, Ontario FOR THE APPELLANT
Mr. Morris Rosenberg
Attorney General of Canada
Ottawa, Ontario FOR THE RESPONDENT