Bissonnette v. Canada

Bissonnette v. Canada

The Grievance Authority acted within its jurisdiction, applied the applicable statutory and administrative rules to Class B reserve service, and its assessment that the applicant suffered a loss only for the period May 6 to June 12, 2002 (equivalent to 37 days) was reasonable; the reservist–Crown relationship is not a conventional employment contract and the grievance process is the exclusive remedy subject to limited judicial review, so the Federal Court will not intervene and the application is dismissed.

Citation
2007 FC 281
Parties
Applicant: Claude Bissonnette; Respondent: Her Majesty the Queen; Respondent: Attorney General of Canada; Respondent: Canadian Forces Grievance Authority (Department of National Defence)
Court
Federal Court
Jurisdiction
Canada
Judgment Date
13 March 2007
Procedural Posture
Application for Judicial Review / Decision on Application for Judicial Review (reasons for Order and Order)
Outcome
Application for judicial review dismissed
Legal Topics
Grievance Process, Reserve Force Service, Compensation in Lieu of Notice, Standard of Review, Jurisdiction of Military Grievance Authority
Source Language
English
Administrative Law Military Law Employment Law Judicial Review Grievance Process Reserve Force Service Compensation in Lieu of Notice Standard of Review +1 more

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Parties

Claude Bissonnette

Applicant

Her Majesty the Queen

Respondent

Attorney General of Canada

Respondent

Canadian Forces Grievance Authority (Department of National Defence)

Respondent

Procedural Posture

Application for Judicial Review / Decision on Application for Judicial Review (reasons for Order and Order)

Legal Issues

  1. 1 Nature of relationship between soldier and Crown (employee vs. member of armed forces)
  2. 2 Applicable standard of review for decisions of the Canadian Forces Grievance Authority
  3. 3 Whether the Grievance Authority erred in awarding 37 days compensation instead of the 329 days claimed

Ratio Decidendi

The Grievance Authority acted within its jurisdiction, applied the applicable statutory and administrative rules to Class B reserve service, and its assessment that the applicant suffered a loss only for the period May 6 to June 12, 2002 (equivalent to 37 days) was reasonable; the reservist–Crown relationship is not a conventional employment contract and the grievance process is the exclusive remedy subject to limited judicial review, so the Federal Court will not intervene and the application is dismissed.

Court Disposition

Application for judicial review dismissed

Orders

  • Application for judicial review dismissed without costs
  • Each party to bear their own costs