BETWEEN:
SUSAN COMSTOCK
and
PUBLIC SERVICE ALLIANCE OF CANADA
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.
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.
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
REASONS FOR JUDGMENT OF
THE COURT BY: (LINDEN, NADON & SEXTON JJ.A.)
DELIVERED FROM THE
APPEARANCES:
DOMINIC NICASSIO
|
FOR THE APPELLANT
|
JAMES GORHAM
ANDREW RAVEN |
FOR THE RESPONDENT (Treasury Board)
FOR THE RESPONDENT (PSAC)
|
SOLICITORS OF RECORD:
TORONTO, ONTARIO
|
FOR THE APPELLANT |
DEPUTY ATTORNEY GENERAL OF CANADA OTTAWA, ONTARIO
RAVEN, CAMERON, BALLANTYNE & YAZBECK BARRISTERS & SOLICITORS OTTAWA, ONTARIO |
FOR THE RESPONDENT (Treasury Board)
FOR THE RESPONDENT (PSAC) |