Comstock v. Canada (Treasury Board)
The appeal was dismissed because there was no basis to interfere with Justice Gibson's decision upholding the Canadian Human Rights Commission's determination that it lacked jurisdiction to entertain the appellant's two complaints.
Source-derived case information.
- Citation
- 2008 FCA 197
- Parties
- Appellant: Susan Comstock; Respondent: Treasury Board of Canada; Respondent: Public Service Alliance of Canada
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 28 May 2008
- Procedural Posture
- Appeal / Appeal Judgment
- Outcome
- Appeal dismissed without costs
- Legal Topics
- Jurisdiction of Canadian Human Rights Commission, Collective Agreement Interpretation, Religious Discrimination
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Susan Comstock
Appellant
Treasury Board of Canada
Respondent
Public Service Alliance of Canada
Respondent
Procedural Posture
Appeal / Appeal Judgment
Legal Issues
- 1 Whether the Canadian Human Rights Commission had jurisdiction to entertain the two complaints filed by the appellant
- 2 Whether the Federal Court erred in upholding the Commission's decision and Justice Gibson's dismissal
- 3 Whether clause 11.04 of the collective agreement and Treasury Board's interpretation required review
Ratio Decidendi
The appeal was dismissed because there was no basis to interfere with Justice Gibson's decision upholding the Canadian Human Rights Commission's determination that it lacked jurisdiction to entertain the appellant's two complaints.
Court Disposition
Appeal dismissed without costs
Orders
- Appeal dismissed
- No costs awarded
Full Case Text
Judgment text and source record
1 paragraphs
Comstock v. Canada (Treasury Board) Court (s) Database Federal Court of Appeal Decisions Date 2008-05-28 Neutral citation 2008 FCA 197 File numbers A-216-07 Decision Content Date: 20080528 Docket: A-216-07 Citation: 2008 FCA 197 CORAM: LINDEN J.A. NADON J.A. SEXTON J.A. BETWEEN: SUSAN COMSTOCK Appellant and TREASURY BOARD OF CANADA and PUBLIC SERVICE ALLIANCE OF CANADA Respondent Heard at Toronto, Ontario, on May 28, 2008. Judgment delivered from the Bench at Toronto, Ontario, on May 28, 2008. REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A. Date: 20080528 Docket: A-216-07 Citation: 2008 FCA 197 CORAM: LINDEN J.A. NADON J.A. SEXTON J.A. BETWEEN: SUSAN COMSTOCK Appellant and TREASURY BOARD OF CANADA and PUBLIC SERVICE ALLIANCE OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario, on May 28, 2008) NADON J.A. [1] While we are respectful of the deeply held religious convictions of the appellant, we all agree that there is no basis upon which we should interfere with Justice Gibson’s decision pursuant to which he upheld the Canadian Human Rights Commission’s decision that it was without jurisdiction to entertain the two (2) complaints filed by the appellant. [2] In so concluding, we express no view with regard to the meaning of clause 11.04 of the collective agreement nor as to whether Treasury Board’s interpretation of that clause was correct. [3] The appeal will therefore be dismissed, but in the circumstances without costs. “M. Nadon” J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-216-07 (AN APPEAL FROM THE ORDER OF THE HONOURABLE MR. JUSTICE FREDERICK E. GIBSON, DATED MARCH 30, 2007, WHEREBY TWO DECISIONS OF THE CANADIAN HUMAN RIGHTS COMMISSION, DATED FEBRUARY 3, 2006, WERE DISMISSED, IN FEDERAL COURT FILE DOCKET NO. T-381-06.) STYLE OF CAUSE: SUSAN COMSTOCK v. TREASURY BOARD OF CANADA and PUBLIC SERVICE ALLIANCE OF CANADA PLACE OF HEARING: TORONTO, ONTARIO DATE OF HEARING: MAY 28, 2008 REASONS FOR JUDGMENT OF THE COURT BY: (LINDEN, NADON & SEXTON JJ.A.) DELIVERED FROM THE BENCH BY: NADON J.A. DATED: MAY 28, 2008 APPEARANCES: PHILIP H. HORGAN DOMINIC NICASSIO FOR THE APPELLANT GILLIAN PATTERSON JAMES GORHAM ANDREW RAVEN FOR THE RESPONDENT (Treasury Board) FOR THE RESPONDENT (PSAC) SOLICITORS OF RECORD: PHILIP HORGAN LAW OFFICE TORONTO, ONTARIO FOR THE APPELLANT JOHN H. SIMS, Q.C. DEPUTY ATTORNEY GENERAL OF CANADA OTTAWA, ONTARIO RAVEN, CAMERON, BALLANTYNE & YAZBECK BARRISTERS & SOLICITORS OTTAWA, ONTARIO FOR THE RESPONDENT (Treasury Board) FOR THE RESPONDENT (PSAC)