Public Service Alliance of Canada v. Canada (Treasury Board)
The appeal is dismissed because the Public Service Staff Relations Act establishes a comprehensive and exclusive statutory grievance regime for employment disputes within the federal public service; that scheme precludes the appellant from circumventing it by invoking judicial review under s.18.1 of the Federal...
Source-derived case information.
- Citation
- 2002 FCA 239
- Parties
- Appellant: Public Service Alliance of Canada; Respondent: Her Majesty in Right of Canada (Treasury Board); Respondent: Commissioner of the Canadian Grain Commission
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 5 June 2002
- Procedural Posture
- Judicial Review Appeal (administrative Law) / Appeal to Federal Court of Appeal
- Outcome
- Appeal dismissed with costs.
- Legal Topics
- Statutory Grievance Procedure, Jurisdiction to Review Administrative Action, Judicial Review, Exclusive Remedy
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Public Service Alliance of Canada
Appellant
Her Majesty in Right of Canada (Treasury Board)
Respondent
Commissioner of the Canadian Grain Commission
Respondent
Procedural Posture
Judicial Review Appeal (administrative Law) / Appeal to Federal Court of Appeal
Legal Issues
- 1 Whether the appellant could pursue judicial review under s.18.1 of the Federal Court Act of a decision of the Commissioner of the Canadian Grain Commission
- 2 Whether the Public Service Staff Relations Act's grievance scheme precludes resort to judicial review and thus bars the application to the Federal Court
Ratio Decidendi
The appeal is dismissed because the Public Service Staff Relations Act establishes a comprehensive and exclusive statutory grievance regime for employment disputes within the federal public service; that scheme precludes the appellant from circumventing it by invoking judicial review under s.18.1 of the Federal Court Act, and the application judge correctly applied Johnson‑Paquette.
Court Disposition
Appeal dismissed with costs.
Orders
- Appeal dismissed with costs.
Full Case Text
Judgment text and source record
1 paragraphs
Public Service Alliance of Canada v. Canada (Treasury Board) Court (s) Database Federal Court of Appeal Decisions Date 2002-06-05 Neutral citation 2002 FCA 239 File numbers A-193-01 Decision Content Date: 20020605 Docket: A-193-01 Neutral citation: 2002 FCA 239 CORAM: RICHARD C.J. LINDEN J.A. NOËL J.A. BETWEEN: PUBLIC SERVICE ALLIANCE OF CANADA Appellant and HER MAJESTY IN RIGHT OF CANADA as represented by TREASURY BOARD and COMMISSIONER OF THE CANADIAN GRAIN COMMISSION Respondents Heard at Ottawa, Ontario, on June 5, 2002. Judgment delivered from the Bench at Ottawa, Ontario, on June 5, 2002. REASONS FOR JUDGMENT OF THE COURT BY: RICHARD C.J. Date: 20020605 Docket: A-193-01 Neutral citation: 2002 FCA 239 CORAM: RICHARD C.J. LINDEN J.A. NOËL J.A. BETWEEN: PUBLIC SERVICE ALLIANCE OF CANADA Appellant and HER MAJESTY IN RIGHT OF CANADA as represented by TREASURY BOARD and COMMISSIONER OF THE CANADIAN GRAIN COMMISSION Respondents REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario on June 5, 2002.) RICHARD C.J. [1] We are all in agreement that the appeal should be dismissed. [2] In our view, the application judge (2001 FCT 568) correctly concluded that the appellant could not seek to circumvent the statutory grievance procedure provided in the Public Service Staff Relations Act (PSSRA) by bringing an application for judicial review of a decision of the Commissioner of the Canadian Grain Commission, pursuant to section 18.1 of the Federal Court Act. [3] As noted by the application judge, the comprehensiveness of the PSSRA scheme for the resolution of employment-related disputes between employees of the federal public service and their employer has been affirmed by this Court in Johnson-Paquette v. Canada, [2000] 253 N.R. 305, [2000] F.C.J. No. 441 (C.A.). [4] Accordingly, the appeal will be dismissed with costs. "J. Richard" Chief Justice FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-193-01 STYLE OF CAUSE: PSAC v. HER MAJESTY IN RIGHT OF CANADA and others PLACE OF HEARING: OTTAWA, ONTARIO DATE OF HEARING: JUNE 5, 2002 REASONS FOR JUDGMENT OF THE COURT: RICHARD C.J. LINDEN J.A. NOËL J.A. DELIVERED FROM THE BENCH AT OTTAWA, ONTARIO DATED: JUNE 5, 2002 APPEARANCES: Mr. Andrew Raven FOR THE APPELLANT Mr. Richard E. Fader FOR THE RESPONDENT SOLICITORS OF RECORD: Raven, Allen, Cameron & Ballantyne Ottawa, Ontario FOR THE APPELLANT Mr. Morris Rosenberg Attorney General of Canada Ottawa, Ontario FOR THE RESPONDENT