Fournier v. Canada (Solicitor General)

Fournier v. Canada (Solicitor General)
Court (s) Database
Federal Court Decisions
Date
2003-09-17
Neutral citation
2003 FC 1079
File numbers
T-750-02
Decision Content
Date: 20030917
Docket: T-750-02
Citation: 2003 FC 1079
EDMONTON, ALBERTA, WEDNESDAY, THE 17TH DAY OF SEPTEMBER, 2003.
Present: THE HONOURABLE MR. JUSTICE KELEN
BETWEEN:
LUC FOURNIER
Applicant
- and -
THE SOLICITOR GENERAL OF CANADA
Respondent
REASONS FOR ORDER AND ORDER
[1] In considering this application for judicial review of the Correctional Service of Canada Final Level Grievance Decision dated October 17, 2001, which disciplined the applicant with a financial penalty of two days' pay for pushing a desk in a manner to cause injury to a fellow correctional officer, and for disrespectful and abusive comments to that fellow correctional officer;
[2] AND UPON the Court concluding that the decision to investigate the matter as a breach of discipline, as opposed to a case of harassment and discrimination in the workplace, was reasonably and legally open to the respondent;
[3] AND UPON the Court concluding there was no failure to observe a principle of natural justice, procedural fairness or other procedure that was required by law. In particular, the respondent had the procedural right to investigate the complaint as a breach of the disciplinary code established by Commissioners' Directive 60, rather than a breach of the harassment and discrimination code established by Commissioner's Directive 255, which would have necessitated specially trained harassment complaint assessors for the investigation;
[4] AND UPON the Court concluding that the applicant was properly and fairly notified in writing about the disciplinary investigation into the complaint;
[5] AND UPON the Court concluding that the investigation was thorough, open and fair;
[6] AND UPON the Court concluding that the findings of fact in the decision under review were not made in a perverse or capricious manner, or without regard for the material before the decision maker;
ORDER
THIS COURT ORDERS that this application for judicial review be dismissed with costs.
"Michael A. Kelen"
Judge
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: T-750-02
STYLE OF CAUSE: LUC FOURNIER v.
THE SOLICITOR GENERAL OF CANADA
PLACE OF HEARING: Edmonton, AB
DATE OF HEARING: September 17, 2003
REASONS FOR ORDER : KELEN, J
DATED: September 17, 2003
APPEARANCES:
Ms. Melodi Ulku FOR APPLICANT
Mr. Rick Garvin FOR RESPONDENT
SOLICITORS OF RECORD:
Bishop & MacKenzie LLP
Edmonton, AB FOR APPLICANT
Morris Rosenberg
Deputy Attorney General of Canada
Ottawa, ON FOR RESPONDENT