Gosselin c. Canada (Procureur général)

Gosselin c. Canada (Procureur général)

The application was dismissed because the applicant failed to exhaust the adequate internal remedy (the grievance procedure under s.208 of the Public Service Labour Relations Act/collective agreement) and remained a 'fonctionnaire' for grievance purposes despite retirement; no exceptional circumstances were established to justify premature judicial review, and the alleged procedural defects should be raised in the grievance process and, if necessary, judicially reviewed after the final administrative outcome.

Citation
2023 CF 853
Parties
Demandeur: BENOÎT GOSSELIN; Défendeur: PROCUREUR GÉNÉRAL DU CANADA
Court
Federal Court
Jurisdiction
Canada
Judgment Date
16 June 2023
Procedural Posture
Judicial Review / Dismissed for Failure to Exhaust Internal Remedies
Outcome
application dismissed without costs
Legal Topics
Judicial Review, Exhaustion of Remedies, Procedural Fairness, Workplace Harassment, Collective Agreement Grievance Process
Source Language
French
Administrative Law Labour and Employment Law Public Service Relations Judicial Review Exhaustion of Remedies Procedural Fairness Workplace Harassment Collective Agreement Grievance Process

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Parties

BENOÎT GOSSELIN

Demandeur

PROCUREUR GÉNÉRAL DU CANADA

Défendeur

Procedural Posture

Judicial Review / Dismissed for Failure to Exhaust Internal Remedies

Legal Issues

  1. 1 Whether applicant had to exhaust internal grievance remedies before seeking judicial review
  2. 2 Whether a retired employee remains a 'fonctionnaire' for purposes of s.208 grievances
  3. 3 Whether circumstances were sufficiently 'exceptional' to permit interlocutory judicial review

Ratio Decidendi

The application was dismissed because the applicant failed to exhaust the adequate internal remedy (the grievance procedure under s.208 of the Public Service Labour Relations Act/collective agreement) and remained a 'fonctionnaire' for grievance purposes despite retirement; no exceptional circumstances were established to justify premature judicial review, and the alleged procedural defects should be raised in the grievance process and, if necessary, judicially reviewed after the final administrative outcome.

Court Disposition

application dismissed without costs

Orders

  • The application for judicial review is dismissed
  • No costs awarded