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The Federal Court struck a judicial review application as premature because the applicant still had an available grievance process to exhaust.
The SIRC's decision was reasonable: subsection 41(2) barred investigation because Mr. Palmer could have raised the assault allegations in the grievance process (he had previously raised harassment in a 2004 grievance that was received and settled, including a broad release), and prior dispositions and releases and prior SIRC decisions engaged issue estoppel, thus the complaint was properly excluded from SIRC investigation.
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The Federal Court dismissed an inmate’s motion for broader legal research and telephone access, finding adequate alternative remedies and reasonable institutional accommodations.
The Federal Court dismissed a motion to strike a judicial review application as premature, finding the procedural fairness issue could be reviewed at this stage.
The Commission's dismissal of the complaint under s.41(1)(d) was reasonable and procedurally fair because the grievance proceedings constituted an adequate alternate remedy, the investigator's report and record supported the decision, the investigation was sufficiently thorough for the issues before the Commission, and the Commission acted within its broad margin of appreciation; therefore the appeal is dismissed.
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The British Columbia Court of Appeal held that an RCMP member could not sue for constructive wrongful dismissal because the RCMP relationship is governed by statute, not common law contract.
Tribunal accepted CSC's admission that Mr. Collins has a disability and that the stand‑to count requirement, as applied, aggravated his pain and constituted a failure to accommodate contrary to s.5 of the CHRA. CSC employees (Blasko and Chinnery) intervened to modify the treating physician's recommendation to conform with the stand‑to count directive, disregarding the need for accommodation; their conduct was reckless though not proven wilful. On the evidence the Tribunal awarded compensatory damages for pain and suffering and an award for reckless conduct under s.53(3), but denied additional…
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The Federal Court dismissed an RCMP member’s judicial review seeking to halt a medical discharge process, holding the grievance process had to be exhausted first.
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