Canada (Attorney General) v. Public Service Alliance of Canada
The Federal Court of Appeal held that it was open to the Federal Court judge to conclude that the Human Rights Tribunal's reasons did not meet the reasonableness standard and therefore the order referring the matter for reconsideration must stand.
Source-derived case information.
- Citation
- 2006 FCA 99
- Parties
- Appellant: Attorney General of Canada; Respondent: Public Service Alliance of Canada
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 7 March 2006
- Procedural Posture
- Appeal / Final Judgment
- Outcome
- Appeal dismissed
- Legal Topics
- Judicial Review, Reasonableness Standard, Adequacy of Tribunal Reasons, Remedy Reconsideration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Attorney General of Canada
Appellant
Public Service Alliance of Canada
Respondent
Procedural Posture
Appeal / Final Judgment
Legal Issues
- 1 Whether the Human Rights Tribunal's written reasons met the standard of reasonableness
- 2 Whether the Federal Court judge erred in concluding that the Tribunal's reasons were unreasonable and in ordering reconsideration
Ratio Decidendi
The Federal Court of Appeal held that it was open to the Federal Court judge to conclude that the Human Rights Tribunal's reasons did not meet the reasonableness standard and therefore the order referring the matter for reconsideration must stand.
Court Disposition
Appeal dismissed
Orders
- Decision to refer the matter for reconsideration stands
- Appeal dismissed with one set of costs
Full Case Text
Judgment text and source record
1 paragraphs
Canada (Attorney General) v. Public Service Alliance of Canada Court (s) Database Federal Court of Appeal Decisions Date 2006-03-07 Neutral citation 2006 FCA 99 File numbers A-173-05 Decision Content Date: 20060307 Dockets: A-173-05 Citation: 2006 FCA 99 CORAM: NOËL J.A. NADON J.A. PELLETIER J.A. BETWEEN: ATTORNEY GENERAL OF CANADA Appellant and PUBLIC SERVICE ALLIANCE OF CANADA Respondent Heard at Ottawa, Ontario, on March 7, 2006. Judgment delivered from the Bench at Ottawa, Ontario, on March 7, 2006. REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A. Date: 20060307 Dockets: A-173-05 Citation: 2006 FCA 99 CORAM: NOËL J.A. NADON J.A. PELLETIER J.A. BETWEEN: ATTORNEY GENERAL OF CANADA Appellant and PUBLIC SERVICE ALLIANCEOF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario, on March 7, 2006) [1] In our view, it was open to Tremblay-Lamer J. to conclude that the Reasons given by the Human Rights Tribunal for refusing to refer the matter for inquiry did not meet the standard of reasonableness. [2] Her decision to refer the matter for reconsideration will accordingly stand. [3] The appeal is therefore dismissed with one set of costs. A copy of these Reasons will be filed in A-174-05 and A-175-05, and will stand as Reasons for Judgment in those files. "Marc Noël" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-173-05, A-174-05 & A-175-05 APPEAL FROM THE ORDERS OF THE FEDERAL COURT DATED MARCH 23, 2005 ( DOCKET NO. T-1096-04, T-1098-04, T-1099-04) STYLE OF CAUSE: A.G.C. v. P.S.A.C. PLACE OF HEARING: Ottawa, Ontario DATE OF HEARING: March 7, 2006 REASONS FOR JUDGMENT OF THE COURT: Noël, Nadon, Pelletier, JJA. DELIVERED FROM THE BENCH BY: Noël, J.A. APPEARANCES: Mr. Alexander Gay FOR THE APPELLANT Mr. David Yazbeck FOR THE RESPONDENT SOLICITORS OF RECORD: Mr. John H. Sims, Q.C. FOR THE APPELLANT Deputy Attorney General of Canada Ottawa, Ontario Raven, Allen, Cameron, Ballantyne FOR THE RESPONDENT & Yazbeck Ottawa,. Ontario