Archambault v. Canada (Customs and Revenue Agency)
The Federal Court correctly determined the designated adjudicator lacked jurisdiction under s.92 of the Public Service Staff Relations Act; there was no error warranting appellate intervention, and the appeal is dismissed with costs.
Source-derived case information.
- Citation
- 2006 FCA 63
- Parties
- Appellant: Pierre Archambault; Respondent: Canada Customs and Revenue Agency (Attorney General of Canada)
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 10 February 2006
- Procedural Posture
- Appeal From Federal Court (judicial Review) / Final Judgment on Appeal
- Outcome
- Appeal dismissed with costs; Federal Court decision affirmed
- Legal Topics
- Jurisdiction of Adjudicator, Section 92 PSSRA, Judicial Review of Administrative Decisions, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Pierre Archambault
Appellant
Canada Customs and Revenue Agency (Attorney General of Canada)
Respondent
Procedural Posture
Appeal From Federal Court (judicial Review) / Final Judgment on Appeal
Legal Issues
- 1 Whether the Federal Court erred in dismissing the appellant's application for judicial review
- 2 Whether the designated adjudicator had jurisdiction under s.92 of the Public Service Staff Relations Act
- 3 Whether the order as to costs should be quashed
Ratio Decidendi
The Federal Court correctly determined the designated adjudicator lacked jurisdiction under s.92 of the Public Service Staff Relations Act; there was no error warranting appellate intervention, and the appeal is dismissed with costs.
Court Disposition
Appeal dismissed with costs; Federal Court decision affirmed
Orders
- Appeal dismissed with costs.
- Order of the Federal Court dated February 7, 2005 (2005 FC 183) affirmed.
Full Case Text
Judgment text and source record
1 paragraphs
Archambault v. Canada (Customs and Revenue Agency) Court (s) Database Federal Court of Appeal Decisions Date 2006-02-10 Neutral citation 2006 FCA 63 File numbers A-71-05 Decision Content Date: 20060210 Docket: A-71-05 Citation: 2006 FCA 63 CORAM: RICHARD C.J.A. NOËL J.A. NADON J.A. BETWEEN: PIERRE ARCHAMBAULT Appellant and CANADA CUSTOMS AND REVENUE AGENCY (ATTORNEY GENERAL OF CANADA) Respondent Hearing held at Montréal, Quebec, on February 8, 2006. Judgement delivered at Ottawa, Ontario, on February 10, 2006. REASONS FOR JUDGMENT OF THE COURT BY: RICHARD C.J.A. CONCURRED IN BY: NOËL J.A. NADON J.A. Date: 20060210 Docket: A-71-05 Citation: 2006 FCA 63 CORAM: RICHARD C.J.A. NOËL J.A. NADON J.A. BETWEEN: PIERRE ARCHAMBAULT Appellant and CANADA CUSTOMS AND REVENUE AGENCY (ATTORNEY GENERAL OF CANADA) Respondent REASONS FOR JUDGMENT RICHARD C.J.A.: [1] This is an appeal from a decision of the Federal Court rendered on February 7, 2005 [2005 FC 183], dismissing with costs the application for judicial review filed by the appellant Pierre Archambault against a decision rendered on March 24, 2003 by Léo-Paul Guindon, a designated adjudicator, on the ground of lack of jurisdiction under section 92 of the Public Service Staff Relations Act, R.S.C., 1985, c. P-35. [2] The appellant seeks to have the Federal Court decision, including the order as to costs, quashed and to have the case returned to an adjudicator of the Public Service Labour Relations Board. [3] We do not see any error in the decision of the Federal Court warranting our intervention. [4] The appeal will be dismissed with costs. “J. Richard” Chief Justice “I concur. Marc Noël J.A.” “I concur. Nadon J.A.” Certified true translation Michael Palles FEDERAL COURT OF APPEAL SOLICITORS OF RECORD DOCKET: A-71-05 STYLE OF CAUSE: PIERRE ARCHAMBAULT v. CANADA CUSTOMS AND REVENUE AGENCY PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: February 8, 2006 REASONS FOR JUDGEMENT BY: Richard C.J.A. CONCURRED IN BY: Noël J.A. Nadon J.A. DATED: February 10, 2006 APPEARANCES: Pierre Archambault Representing himself FOR THE APPELLANT Raymond Piché FOR THE RESPONDENT SOLICITORS OF RECORD: Representing himself FOR THE APPELLANT John H. Sims, Q.C. FOR THE RESPONDENT