Bouchard v. Canada ( Minister of National Defence )
A-687-98
Létourneau J.A.
22/11/99
10 pp.
Appeal from Trial Division judgment ((1998), 158 F.T.R. 232), which concluded appellant did not choose right procedure to have decision to resign from federal Public Service reviewed-Trial Judge also concluded Federal Court had no jurisdiction since not "decision", within meaning of Federal Court Act, s. 18.1 to review announcement made to appellant she could not be reinstated in her position-Appellant resigned position of group stores clerk at National Defence-Position eliminated and appellant removed from rolls of Public Service on April 1, 1998-During employment complained several times of harassment by fellow workers-15 days after position abolished asked to be reinstated in position-On July 10, 1998, received letter of refusal from Office of Judge Advocate General-On July 27, 1998, filed application for judicial review of refusal stated in letter of July 10, seeking reinstatement in position, pecuniary compensation for damage sustained and compensation for loss of employment-Application to strike application for judicial review proceeding which should be used in very exceptional cases, and Court can only dismiss application for judicial review in summary manner if so clearly improper as to be bereft of chance of success-Appellant right when argued judge misunderstood nature and scope of letter of July 10, 1998 telling her of Department's refusal to reinstate her in position-Letter contained negative decision on appellant's reinstatement which could affect her rights-Refusal by Department's personnel division to reinstate appellant, though it might prove to be correct, did not thereby cease to be decision of federal board, commission or other tribunal-No legal remedy since appellant was full-time Public Service employee governed by collective agreement, and so subject to grievance and adjudication procedure provided for in Public Service Staff Relations Act, ss. 91 et seq.-Court without jurisdiction to hear appellant's application for judicial review; motion to strike said application valid-Appeal dismissed-Federal Court Act, R.S.C., 1985, c. F-7, s. 18.1 (as enacted by S.C. 1990, c. 8, s. 5)-Public Service Staff Relations Act, R.S.C., 1985, c. P-35, s. 91.