PUBLIC SERVICE |
Labour Relations |
Johnson-Paquette v. Canada
A-729-98
Noël J.A.
7/4/00
6 pp.
Appeal from Motions Judge's decision appellant's action could not proceed before Trial Division having regard to dispute resolution process available to her and of which she availed herself under PSSRA--Appeal dismissed--In Weber v. Ontario Hydro, [1995] 2 S.C.R. 929, S.C.C. held where collective agreement providing arbitrator with jurisdiction over dispute, and other forum not expressly provided for by legislation, arbitrator shall have jurisdiction exclusive of courts--Applicant herein initially chose grievance process to settle dispute with employer and co-workers--Regardless of how one characterizes cause of action which she now advances in her statement of claim, it obviously arose out of facts which formed basis of four grievances which she filed under PSSRA and which were all rejected in course of binding decision at final level of grievance process--Grievance procedure herein dispute resolution process adopted by parties to collective agreement to resolve employment related disputes of nature raised by appellant in her grievance--Where, as for PSSRA, Parliament has, through legislation, adopted what is obviously intended as full code for resolution of labour disputes in given sector of activity and has made outcome of legislated processes final and binding on those concerned, would offend legislative scheme to permit recourse to ordinary courts which have not been assigned with these tasks--In order to give effect to such schemes, Parliament must be taken as having excluded recourse to ordinary courts--Federal Court Act, s. 17(1) providing Trial Division with jurisdiction in all cases where relief claimed against Crown "except as otherwise provided in this Act or any other Act"--Motions Judge correctly held PSSRA providing otherwise--Public Service Staff Relations Act, R.S.C., 1985, c. P-35--Federal Court Act, R.S.C., 1985, c. F-7, s. 17(1) (as am. by S.C. 1990, c. 8, s. 3).