Date: 20050308
Docket: A-281-04
Citation: 2005 FCA 92
CORAM: DESJARDINS J.A.
BETWEEN:
RÉAL LAMARCHE
Applicant
and
ATTORNEY GENERAL OF CANADA
and YVAN MARCEAU
Respondents
Hearing held at Ottawa, Ontario, on March 8, 2005.
Judgment delivered at Ottawa, Ontario, on March 8, 2005.
REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A.
Date: 20050308
Docket: A-281-04
Citation: 2005 FCA 92
CORAM: DESJARDINS J.A.
BETWEEN:
RÉAL LAMARCHE
Applicant
and
ATTORNEY GENERAL OF CANADA
and YVAN MARCEAU
Respondents
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Ottawa, Ontario, on March 8, 2005)
[1] As the issue before the Public Service Staff Relations Board was whether respondent Marceau had refused to qualify the applicant as a candidate because of his union affiliation, it is difficult to understand why the Board refused to allow the applicant to examine the respondent Marceau concerning past events in order to possibly demonstrate an anti-union animus on his part.
[2] Unlike the Board, which stated that such evidence would be of little relevance, we are all of the opinion that such evidence is indubitably highly relevant and, indeed, crucial to the issue before the Board, to wit, whether an anti-union animus existed against the applicant. Under the circumstances, the Board's refusal to hear this evidence is a breach of the rules of natural justice (see Université du Québec à Trois-Rivières v. Larocque, [1993] 1 S.C.R. 471, at paragraphs 46 to 52). Consequently, the Board's decision cannot be upheld.
[3] For these reasons, the application for judicial review will be allowed with costs, the decision of the Board will be set aside and the matter will be referred back to the Board for reconsideration before a differently constituted panel.
"M. Nadon"
J.A.
Certified true translation
Michael Palles
FEDERAL COURT OF APPEAL
SOLICITORS OF RECORD
DOCKET: A-281-04
STYLE OF CAUSE: RÉAL LAMARCHE
v.
ATTORNEY GENERAL OF CANADA
and YVAN MARCEAU
PLACE OF HEARING: Ottawa
DATE OF HEARING: March 8, 2005
REASONS FOR JUDGMENT BY: Desjardins, Nadon, and Pelletier JJ.A.
DELIVERED FROM THE BENCH BY: Nadon J.A.
APPEARANCES:
|
Sean McGee Annie Berthiaume
|
FOR THE APPLICANT |
|
Stéphane Hould |
FOR THE RESPONDENT |
SOLICITORS OF RECORD:
|
Nelligan, O'Brien, Payne LLP Ottawa, Ontario
|
FOR THE APPLICANT |
|
John Sims, Q.C. Deputy Attorney General of Canada Ottawa, Ontario |
FOR THE RESPONDENT |