RCMP |
Girouard v. Canada (Commissioner of Royal Canadian Mounted Police)
T-988-99
Rouleau J.
22/1/01
12 pp.
Application for judicial review of decision on behalf of Commissioner of Royal Canadian Mounted Police (RCMP) dismissing level II grievance filed by plaintiff against classification of position in RCMP--Plaintiff's position assigned rating for know-how less than that of benchmarks--Plaintiff filed grievance against decision in January 1995--RCMP Grievance Review Committee dismissed grievance--Commissioner referred matter to RCMP External Review Committee (ERC), which reviewed matter and submitted findings and recommendations to Commissioner--ERC recommended Commissioner allow grievance--Despite ERC's findings and recommendations, Commissioner dismissed grievance--Indicated reasons given by classification officers sufficient and relativity study also sufficient--Point at issue whether Commissioner wrongly rejected ERC recommendation--Standard of review to be applied to questions of fact in such a decision that of reasonable decision simpliciter--Royal Canadian Mounted Police Act requiring Commissioner to give reasons for decision when departing from ERC's recommendations--Plaintiff maintained Commissioner should have specified reasons leading him to conclude no evidence for error of fact or procedure--Commissioner also ignored provisions of Position Evaluation Plan--Management Category, that comparison must be with other positions in agency--Plaintiff entitled to expect reasons for decision in case of departure from well-settled policy--Commissioner could not pass over in silence ERC's finding that not conducting relativity study procedural error--Commissioner's reasons somewhat superficial--Many problems raised by ERC serious and should have been addressed by Commissioner--By dismissing all ERC's recommendations without really giving reasons for decision, Commissioner contravened Act, s. 32(2) and arrogated jurisdiction he did not have, thus making decision reviewable--Application allowed--Royal Canadian Mounted Police Act, R.S.C., 1985, c. R-10, s. 32 (am. by R.S.C., 1985 (2nd Supp.), c. 8, s. 16; S.C. 1990, c. 8, s. 65).