Therriault v. Canada (Department of Indian Affairs and Northern Development)
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Therriault v. Canada (Department of Indian Affairs and Northern Development) Court (s) Database Federal Court Decisions Date 2003-02-18 Neutral citation 2003 FCT 177 File numbers T-2085-01 Decision Content Date: 20030218 Docket: T-2085-01 Neutral Citation: 2003 FCT 177 Between: MANON THERRIAULT Applicant - and - THE DEPARTMENT OF INDIAN AFFAIRS AND NORTHERN DEVELOPMENT (ASSISTANT DEPUTY MINISTER, LANDS AND TRUST SERVICES) Respondent REASONS FOR ORDER PINARD J.: [1] Through an application for judicial review, the applicant is asking the Court to set aside a decision dated October 26, 2001, by the Associate Deputy Minister, Lands and Trust Services, of the Department of Indian Affairs and Northern Development Canada, dismissing the grievance numbered QUE-00-05. [2] The respondent has hereby moved to strike out the application for judicial review on the sole ground that the letter of reprimand in question, concerning the applicant, was withdrawn from her file and that consequently the application for judicial review has become moot. [3] But the application for judicial review is fundamentally aimed at having the above decision of October 26, 2001, set aside, with the ultimate aim of having the disciplinary measure taken against the applicant set aside. Her right to be reinstated in the position she was in before the imposition of the disciplinary measure, if she is right, constitutes a valid right distinct from the right of mere automatic withdrawal from her file of the letter o…
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Therriault v. Canada (Department of Indian Affairs and Northern Development) Court (s) Database Federal Court Decisions Date 2003-02-18 Neutral citation 2003 FCT 177 File numbers T-2085-01 Decision Content Date: 20030218 Docket: T-2085-01 Neutral Citation: 2003 FCT 177 Between: MANON THERRIAULT Applicant - and - THE DEPARTMENT OF INDIAN AFFAIRS AND NORTHERN DEVELOPMENT (ASSISTANT DEPUTY MINISTER, LANDS AND TRUST SERVICES) Respondent REASONS FOR ORDER PINARD J.: [1] Through an application for judicial review, the applicant is asking the Court to set aside a decision dated October 26, 2001, by the Associate Deputy Minister, Lands and Trust Services, of the Department of Indian Affairs and Northern Development Canada, dismissing the grievance numbered QUE-00-05. [2] The respondent has hereby moved to strike out the application for judicial review on the sole ground that the letter of reprimand in question, concerning the applicant, was withdrawn from her file and that consequently the application for judicial review has become moot. [3] But the application for judicial review is fundamentally aimed at having the above decision of October 26, 2001, set aside, with the ultimate aim of having the disciplinary measure taken against the applicant set aside. Her right to be reinstated in the position she was in before the imposition of the disciplinary measure, if she is right, constitutes a valid right distinct from the right of mere automatic withdrawal from her file of the letter of reprimand after two years under clause 17.05 of the collective agreement of the Program and Administrative Services Group. [4] For these reasons, the respondent's motion is dismissed. Costs in the cause. "Yvon Pinard" JUDGE OTTAWA, ONTARIO February 18, 2003 Certified true translation Suzanne Gauthier, C. Tr., LL.L FEDERAL COURT OF CANADA APPEAL DIVISION SOLICITORS OF RECORD DOCKET: T-2085-01 STYLE: MANON THERRIAULT v. THE DEPARTMENT OF INDIAN AFFAIRS AND NORTHERN DEVELOPMENT (ASSISTANT DEPUTY MINISTER, LANDS AND TRUST SERVICES) PLACE OF HEARING: Québec, Quebec DATE OF HEARING: February 13, 2002 REASONS FOR ORDER: The Honourable Mr. Justice Pinard DATED: February 18, 2003 APPEARANCES: Yves Picard FOR THE APPLICANT Guy A. Blouin FOR THE RESPONDENT SOLICITORS OF RECORD: Picard, Sirard FOR THE APPLICANT Beauport, Quebec Morris Rosenberg FOR THE RESPONDENT Deputy Attorney General of Canada Ottawa, Ontario
Source: decisions.fct-cf.gc.ca