Auclair v. Canada (Attorney General)
Umpire Martin was required to intervene because the Board of Referees exceeded its role by addressing the appropriateness of dismissal and mischaracterized the nature of the claimant's conduct; the Board's factual conclusions regarding wilfulness were inconsistent with the claimant's admission that his abusive...
Source-derived case information.
- Citation
- 2007 FCA 19
- Parties
- Applicant: Christian Auclair; Respondent: Attorney General of Canada
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 11 January 2007
- Procedural Posture
- Judicial Review / Judgment on Application for Judicial Review (federal Court of Appeal)
- Outcome
- Application for judicial review dismissed with costs.
- Legal Topics
- Judicial Review of Administrative Decisions, Misconduct and Loss of Employment, Scope of Tribunal Fact‑finding, Remedial Intervention by Umpire
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Christian Auclair
Applicant
Attorney General of Canada
Respondent
Procedural Posture
Judicial Review / Judgment on Application for Judicial Review (federal Court of Appeal)
Legal Issues
- 1 Whether Umpire Martin was entitled or required to intervene
- 2 Whether the claimant lost his employment through misconduct
- 3 Whether the Board of Referees exceeded its role by assessing the appropriateness of dismissal
Ratio Decidendi
Umpire Martin was required to intervene because the Board of Referees exceeded its role by addressing the appropriateness of dismissal and mischaracterized the nature of the claimant's conduct; the Board's factual conclusions regarding wilfulness were inconsistent with the claimant's admission that his abusive remarks were deliberate.
Court Disposition
Application for judicial review dismissed with costs.
Orders
- Application for judicial review dismissed with costs.
Full Case Text
Judgment text and source record
1 paragraphs
Auclair v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2007-01-11 Neutral citation 2007 FCA 19 File numbers A-211-06 Decision Content Date: 20070111 Docket: A-211-06 Citation: 2007 FCA 19 CORAM: DÉCARY J.A. NOËL J.A. PELLETIER J.A. BETWEEN: CHRISTIAN AUCLAIR Applicant and ATTORNEY GENERAL OF CANADA Respondent Hearing held at Montréal, Quebec, on January 11, 2007. Judgment delivered at Montréal, Quebec, on January 11, 2007. REASONS FOR JUDGMENT OF THE COURT: Date: 20070111 Docket: A-211-06 Citation: 2007 FCA 19 CORAM: DÉCARY J.A. NOËL J.A. PELLETIER J.A. BETWEEN: CHRISTIAN AUCLAIR Applicant and ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the bench at Montréal, Quebec, on January 11, 2007) DÉCARY J.A. [1] In our view, Umpire Martin not only could, but had to intervene in this case. [2] In concluding that the claimant had not lost his employment through misconduct, the Board of Referees decided the following: The Board of Referees did not find that the act in question was wilful or deliberate or so reckless as to approach wilfulness to the extent that it would have resulted in the claimant losing his job [3] Since the claimant acknowledged having made abusive remarks concerning his employer, it was clear that his remarks were deliberate and voluntary. [4] Moreover, it was not for the Board of Referees to consider whether dismissal was the appropriate disciplinary action in view of the alleged misconduct. [5] This application for judicial review will be dismissed with costs. “Robert Décary” J.A. Certified true translation Mary Jo Egan, LLB FEDERAL COURT OF APPEAL SOLICITORS OF RECORD DOCKET: A-211-06 STYLE OF CAUSE: christian Auclair v. ATTORNEY GENERAL OF Canada PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: January 11, 2007 REASONS FOR JUDGMENT OF THE COURT BY: DÉCARY J.A. DELIVERED FROM THE BENCH BY: DÉCARY J.A. APPEARANCES Martin Savoie FOR THE APPLICANT Liliane Bruneau/ Paul Deschênes FOR THE RESPONDENT SOLICITORS OF RECORD: CONSEIL CONJOINT NO. 91 DES TEAMSTERS DU QUÉBEC Montréal, Quebec FOR THE APPLICANT JOHN H. SIMS, Q.C. Deputy Attorney General of Canada Montréal, Quebec FOR THE RESPONDENT