Lavigne v. Canada (Minister of Human Resources Development)

Lavigne v. Canada (Minister of Human Resources Development)
Court (s) Database
Federal Court of Appeal Decisions
Date
2003-05-05
Neutral citation
2003 FCA 203
File numbers
A-10-02
Notes
Digest
Decision Content
Date: 20030505
Docket: A-10-02
Neutral citation: 2003 FCA 203
CORAM: DESJARDINS J.A.
NOËL J.A.
NADON J.A.
IN THE MATTER OF an application pursuant to
Section 77 of the Official Languages Act,
R.S.C. 1985, c. 31 (4th Supp.)
BETWEEN:
ROBERT LAVIGNE
Appellant
(Applicant)
and
HUMAN RESOURCES DEVELOPMENT
Respondent
(Respondent)
and
ATTORNEY GENERAL OF CANADA
Respondent
(Respondent)
and
MINISTER OF STATE FOR LABOUR
AND EMPLOYMENT FOR THE PROVINCE OF QUEBEC
Respondent
(Respondent)
and
ATTORNEY GENERAL OF QUEBEC
Respondent
(Respondent)
Heard at Montreal, Quebec, on May 5, 2003.
Judgment delivered from the Bench at Montreal, Quebec, on May 5, 2003.
REASONS FOR JUDGMENT OF THE COURT BY: DESJARDINS J.A.
Date: 20030505
Docket: A-10-02
Neutral citation: 2003 FCA 203
CORAM: DESJARDINS J.A.
NOËL J.A.
NADON J.A.
IN THE MATTER OF an application pursuant to
Section 77 of the Official Languages Act,
R.S.C. 1985, c. 31 (4th Supp.)
BETWEEN:
ROBERT LAVIGNE
Appellant
(Applicant)
and
HUMAN RESOURCES DEVELOPMENT
Respondent
(Respondent)
and
ATTORNEY GENERAL OF CANADA
Respondent
(Respondent)
and
MINISTER OF STATE FOR LABOUR
AND EMPLOYMENT FOR THE PROVINCE OF QUEBEC
Respondent
(Respondent)
and
ATTORNEY GENERAL OF QUEBEC
Respondent
(Respondent)
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Montreal, Quebec,
on May 5, 2003.)
DESJARDINS J.A.
[1] We conclude that the motion judge made no reviewable error when he stated, in paragraphs 81 and 82 of his reasons, that:
[81] In other words, Emploi-Québec is not dependent upon federal authorization for its activities and owes nothing to it. Its only source of authority is the National Assembly of Quebec.
[82] What happened here is that the Federal Government withdrew from the field and in lieu of carrying out those activities funded Emploi-Québec through the LMIA.
[2] Hence the Canada-Quebec Labour Market Implementation Agreement (LMIA) does not constitute a delegation of functions from federal to provincial authorities and the Official Languages Act (R.S., 1985, c. 31 (4th Supp.)) does not apply to the services provided by Emploi-Québec.
[3] This appeal will therefore be dismissed. Both respondents are entitled to their costs in this appeal.
"Alice Desjardins"
J.A.
FEDERAL COURT OF CANADA
APPEAL DIVISION
Date: 20030505
Docket: A-10-02
IN THE MATTER OF an application pursuant to
Section 77 of the Official Languages Act,
R.S.C. 1985, c. 31 (4th Supp.)
BETWEEN:
ROBERT LAVIGNE
Appellant
(Applicant)
and
HUMAN RESOURCES DEVELOPMENT
Respondent
(Respondent)
and
ATTORNEY GENERAL OF CANADA
Respondent
(Respondent)
and
MINISTER OF STATE FOR LABOUR AND EMPLOYMENT FOR THE PROVINCE OF QUEBEC
Respondent
(Respondent)
and
ATTORNEY GENERAL OF QUEBEC
Respondent
(Respondent)
REASONS FOR JUDGMENT OF THE COURT
FEDERAL COURT OF CANADA
APPEAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
Appeal from the order on the Trial Division of the Federal Court of Canada, delivered December 12, 2001. Court File No.: T-2152-99.
DOCKET: A-10-02
STYLE OF CAUSE:
IN THE MATTER OF an application pursuant to Section 77 of the Official Languages Act, R.S.C. 1985, c. 31 (4th Supp.)
ROBERT LAVIGNE
Appellant
(Applicant)
and
HUMAN RESOURCES DEVELOPMENT
Respondent
(Respondent)
and
ATTORNEY GENERAL OF CANADA
Respondent
(Respondent)
and
MINISTER OF STATE FOR LABOUR
AND EMPLOYMENT FOR THE PROVINCE OF QUEBEC
Respondent
(Respondent)
and
ATTORNEY GENERAL OF QUEBEC
Respondent
(Respondent)
PLACE OF HEARING: Montreal, Quebec
DATE OF HEARING: May 5, 2003
REASONS FOR JUDGMENT OF THE COURT (DESJARDINS, NOËL, NADON JJ.A.)
DELIVERED FROM THE BENCH BY: DESJARDINS J.A.
DATED: May 5, 2003
Page:
APPEARANCES:
Mr. Robert Lavigne
FOR THE APPELLANT
(APPLICANT)
(himself)
Ms. Nathalie Benoît
FOR THE RESPONDENTS (RESPONDENTS)
HUMAN RESOURCES DEVELOPMENT
and
ATTORNEY GENERAL OF CANADA
Ms. Louise Chayer
FOR THE RESPONDENTS (RESPONDENTS)
MINISTER OF STATE FOR LABOUR AND EMPLOYMENT FOR THE PROVINCE OF QUEBEC
and
ATTORNEY GENERAL OF QUEBEC
SOLICITORS OF RECORD:
Morris Rosenberg
Deputy Attorney General of Canada
Montreal, Quebec
FOR THE RESPONDENTS (RESPONDENTS)
HUMAN RESOURCES DEVELOPMENT
and
ATTORNEY GENERAL OF CANADA
BERNARD, ROY & ASSOCIÉS
Department of Justice of Quebec
Litigation Division, Attorney General of Quebec
Montreal, Quebec
FOR THE RESPONDENTS (RESPONDENTS)
MINISTER OF STATE FOR LABOUR AND EMPLOYMENT FOR THE PROVINCE OF QUEBEC
and
ATTORNEY GENERAL OF QUEBEC