Desjarlais c. Canada (Procureur général)

Desjarlais c. Canada (Procureur général)

The Commission's decision was reasonable because the applicant failed to adduce evidence showing the comparator was in an identical position and failed to explain reasons for any differential treatment, and because the Commission reasonably assessed and maintained the 15‑day suspension based on the gravity of the...

Source-derived case information.

Citation
2024 CAF 14
Parties
Applicant: Daphne Desjarlais; Respondent: Procureur général du Canada
Court
Federal Court of Appeal
Jurisdiction
Canada
Judgment Date
17 January 2024
Procedural Posture
Judicial Review / Federal Court of Appeal Judgment on Judicial Review Application
Outcome
Application for judicial review dismissed with costs
Legal Topics
Judicial Review, Reasonableness, Disciplinary Sanction, Differential Treatment/discrimination, Standard of Review
Source Language
fr
Administrative Law Labour and Employment Law Corrections Law Disciplinary Proceedings Judicial Review Reasonableness Disciplinary Sanction Differential Treatment/discrimination +1 more

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Parties

Daphne Desjarlais

Applicant

Procureur général du Canada

Respondent

Procedural Posture

Judicial Review / Federal Court of Appeal Judgment on Judicial Review Application

  1. 1 Whether the Commission failed to consider the applicant's discriminatory treatment defence based on a comparator
  2. 2 Whether the Commission's maintenance of a 15‑day unpaid suspension was unreasonable given that only two of four misconduct allegations were proven
  3. 3 Whether the Commission applied the correct standard of review and reasoning

Ratio Decidendi

The Commission's decision was reasonable because the applicant failed to adduce evidence showing the comparator was in an identical position and failed to explain reasons for any differential treatment, and because the Commission reasonably assessed and maintained the 15‑day suspension based on the gravity of the proven misconduct affecting health and safety.

Court Disposition

Application for judicial review dismissed with costs

Orders

  • Application dismissed with costs