O'Hagan v. Canada ( Attorney General )
T-2510-95
Wetston J.
11/1/99
14 pp.
Application for judicial review of Adjudicator's decision with respect to adjudication under Public Service Staff Relations Act (PSSRA), s. 92-Adjudicator dismissing grievances for lack of jurisdiction, invoking PSSRA, s. 91(1) excluding adjudicator's jurisdiction where other "administrative procedure for redress"-Applicants nurses employed in Clearwater Unit of Correctional Service Canada, members of Professional Institute of Public Service of Canada (PIPSC)-Each filed identical grievances, alleging sexual harassment over two-and-one-half year period-Employer having obligation to keep workplace free of sexual harassment under Article 43.01 of collective agreement-Adjudicator's decision based on F.C.T.D.'s decision in Chopra v. Canada (Treasury Board), [1995] 3 F.C. 445 (T.D.)-In Mohammed v. Canada (Treasury Board) (1998), 148 F.T.R. 260, Cullen J. also considering decision in Chopra as well as decision of Byers Transport Ltd. v. Kosanovich, [1995] 3 F.C. 354 (C.A.)-Whether jurisdiction may exist in case dealing with application, interpretation of specific clause in Agreement versus stand-alone discrimination-In Canada (Attorney General) v. Boutilier, [1999] 1 F.C. 459 (T.D.), McGillis agreed with approach taken by Cullen J. in Mohammed-Whether adjudicator Burke erred in law in concluding CHRA provides "administrative procedure for redress" within meaning of PSSRA, s. 91(1)-Also whether substance of grievances exclusively within jurisdiction of Canadian Human Rights Commission under CHRA as CHRA, s. 14 recognizing sexual harassment prohibited ground of discrimination, Tribunal afforded broad remedial powers under CHRA, s. 53(2)-Three important F.C.T.D. decisions agreeing CHRA provides "administrative procedure for redress" within meaning of PSSRA-All three cases having considered two Acts of Parliament together as forming system and as interpreting and affecting each other-Subject matter of grievance herein sexual harassment as contained in Article 43-In Boutilier, entire substance of grievance dealt with discrimination based on denial of employment benefit directly related to Boutilier's sexual orientation-No principle, approach, precept causing Court to find differently from previous judges of Court-Where possible, like cases should be treated alike-Application dismissed-Canadian Human Rights Act, R.S.C., 1985, c. H-6, ss. 14, 53(2)-Public Service Staff Relations Act, R.S.C., 1985, c. P-35, ss. 91(1), 92.