Morissette v. Canada (Attorney General)
The adjudicator's finding that the appellant's dismissal for misconduct was justified was reasonable; the trial judge correctly applied the unreasonableness standard of review and committed no reviewable error; the transcript issue was not raised below and therefore could not be the basis for overturning the...
Source-derived case information.
- Citation
- 2002 FCA 314
- Parties
- Appellant: MARCEL MORISSETTE; Respondent: ATTORNEY GENERAL OF CANADA
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 9 September 2002
- Procedural Posture
- Judicial Review Appeal / Decision on Appeal
- Outcome
- Appeal dismissed with costs.
- Legal Topics
- Judicial Review, Standard of Review: Unreasonableness, Dismissal for Misconduct, Procedural Fairness Transcript Availability, Deference to Administrative Findings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
MARCEL MORISSETTE
Appellant
ATTORNEY GENERAL OF CANADA
Respondent
Procedural Posture
Judicial Review Appeal / Decision on Appeal
Legal Issues
- 1 Whether the adjudicator's finding that dismissal for misconduct was justified was reasonable
- 2 Appropriate standard of review to be applied to the adjudicator's decision
- 3 Whether absence of a transcript at the adjudicator's hearing constituted a reviewable procedural defect and whether that ground was preserved for review
Ratio Decidendi
The adjudicator's finding that the appellant's dismissal for misconduct was justified was reasonable; the trial judge correctly applied the unreasonableness standard of review and committed no reviewable error; the transcript issue was not raised below and therefore could not be the basis for overturning the decision; appeal dismissed with costs.
Court Disposition
Appeal dismissed with costs.
Orders
- Appeal dismissed with costs.
Full Case Text
Judgment text and source record
1 paragraphs
Morissette v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2002-09-09 Neutral citation 2002 FCA 314 File numbers A-141-00 Decision Content Date: 20020909 Docket: A-141-00 Montréal, Quebec, September 9, 2002 CORAM: DESJARDINS J.A. NOËL J.A. NADON J.A. BETWEEN: MARCEL MORISSETTE Appellant and ATTORNEY GENERAL OF CANADA Respondent JUDGMENT The appeal is dismissed with costs. "Alice Desjardins" J.A. Certified true translation Mary Jo Egan, LLB Date: 20020909 Docket: A-141-00 Neutral Citation: 2002 FCA 314 CORAM: DESJARDINS J.A. NOËL J.A. NADON J.A. BETWEEN: MARCEL MORISSETTE Appellant and ATTORNEY GENERAL OF CANADA Respondent Hearing held at Montréal, Quebec, on September 9, 2002. Judgment delivered from the bench at Montréal, Quebec, on September 9, 2002. REASONS FOR JUDGMENT OF THE COURT: DESJARDINS J.A. Date: 20020909 Docket: A-141-00 Neutral Citation: 2002 FCA 314 CORAM: DESJARDINS J.A. NOËL J.A. NADON J.A. BETWEEN: MARCEL MORISSETTE Appellant and ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the bench at Montréal, Quebec on September 9, 2002) DESJARDINS J.A. [1] In our view, the trial judge properly dismissed the application for judicial review of the decision by adjudicator Marguerite-Marie Galipeau who, after conducting an investigation under the Public Service Staff Relations Act, found that the dismissal of the appellant for misconduct was justified. [2] The standard of review in this case is unreasonableness. The adjudicator did not make any such error, and the assessment by the trial judge on that issue does not warrant intervention by this Court. [3] With respect to the ground of appeal concerning the lack of a transcript at the hearing before the adjudicator, that argument was not made or even mentioned before the trial judge. Therefore, he could not have made a reviewable error by not giving effect to it. [4] The appeal will be dismissed with costs. "Alice Desjardins" J.A. Certified true translation Mary Jo Egan, LLB FEDERAL COURT OF CANADA APPEAL DIVISION Date: 20020909 Docket: A-141-00 Between: MARCEL MORISSETTE Appelant and ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT FEDERAL COURT OF CANADA APPEAL DIVISION SOLICITORS OF RECORD DOCKET: A-141-00 STYLE OF CAUSE: MARCEL MORISSETTE Appellant and ATTORNEY GENERAL OF CANADA Respondent PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: September 9, 2002 REASONS FOR JUDGMENT OF THE COURT: THE HONOURABLE MADAM JUSTICE DESJARDINS CONCURRED IN BY: THE HONOURABLE MR. JUSTICE NOËL THE HONOURABLE MR. JUSTICE NADON DATE OF REASONS: September 9, 2002 APPEARANCES: Pierre A.Cloutier Sherbrooke, Quebec FOR THE APPELLANT Raymond Piché FOR THE RESPONDENT SOLICITORS OF RECORD: Pierre A.Cloutier Sherbrooke, Quebec FOR THE APPELLANT Morris Rosenberg Deputy Attorney General of Canada Ottawa, Ontario FOR THE RESPONDENT