A summary of the decision issued today by Judge Danièle Tremblay-Lamer of the Federal Court:
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A decision was issued today by the Honourable Danièle Tremblay-Lamer of the Federal Court in file T-831-12: IN THE MATTER OF UNION OF POSTAL WORKERS v. CANADA POST CORPORATION et al Summary: This is an application for judicial review by the Union of Postal Workers (the “Union”) against the decisions of the arbitrator of final offers, Mr. Guy Dufort, not to recuse himself on grounds of a reasonable apprehension of bias. Mr. Dufort was appointed by the Minister of Labour under the Restoring Mail Delivery for Canadians Act, which was passed due to the labour dispute between Canada Post Corporation (“Canada Post”) and the Union. After his appointment, Mr. Dufort informed the parties that he had been a prosecutor for Canada Post during the pay equity dispute from 1998 to 2003 and that he had been involved with the Conservative Party of Canada until 2010. The Union requested the arbitrator’s recusal on those grounds. In light of the unique context of labour relations and the special Law, the Court concludes that a reasonable and sensible person might worry that the arbitrator is biased because of these two reasons. The Court allows the judicial review, orders the arbitrator, Mr. Dufort, to recuse himself, and orders the Minister to appoint a new arbitrator. **** The Reasons for Judgment are available only in French. The production of the Reasons for Judgment in both official languages would create a delay, unacceptable in the circumstances, as well as a prejudice to the parties implicated in the file. A summary of the conclusions is available in English. A certified translation will be issued as soon as possible. A copy of the decision can be obtained via the Web site of the Federal Court: http://casncr-nter03.cas-satj.gc.ca/portal/page/portal/fc_cf_en/Index **** Andrew Baumberg |
