Auclair v. Canada (Attorney General), 2007 FCA 19

Date: 20070111

Docket: A-211-06

Citation: 2007 FCA 19

CORAM:       DÉCARY J.A.

                        NOËL J.A.

                        PELLETIER J.A.

BETWEEN:

CHRISTIAN AUCLAIR

Applicant

and

ATTORNEY GENERAL OF CANADA

Respondent

Hearing held at Montréal, Quebec, on January 11, 2007.

Judgment delivered at Montréal, Quebec, on January 11, 2007.

REASONS FOR JUDGMENT OF THE COURT:                                                     

Date: 20070111

Docket: A-211-06

Citation: 2007 FCA 19

CORAM:       DÉCARY J.A.

                        NOËL J.A.

                        PELLETIER J.A.

BETWEEN:

CHRISTIAN AUCLAIR

Applicant

and

ATTORNEY GENERAL OF CANADA

Respondent

REASONS FOR JUDGMENT OF THE COURT

(Delivered from the bench at Montréal, Quebec, on January 11, 2007)

DÉCARY J.A.

[1]               In our view, Umpire Martin not only could, but had to intervene in this case.

[2]               In concluding that the claimant had not lost his employment through misconduct, the Board of Referees decided the following:

The Board of Referees did not find that the act in question was wilful or deliberate or so reckless as to approach wilfulness to the extent that it would have resulted in the claimant losing his job

[3]               Since the claimant acknowledged having made abusive remarks concerning his employer, it was clear that his remarks were deliberate and voluntary.

[4]               Moreover, it was not for the Board of Referees to consider whether dismissal was the appropriate disciplinary action in view of the alleged misconduct.

[5]               This application for judicial review will be dismissed with costs.

“Robert Décary”

Certified true translation

Mary Jo Egan, LLB

FEDERAL COURT OF APPEAL

SOLICITORS OF RECORD

DOCKET:                                                                              A-211-06

STYLE OF CAUSE:                                                              christian Auclair

                                                                                                v.

                                                                                                ATTORNEY GENERAL OF Canada

PLACE OF HEARING:                                                        Montréal, Quebec

DATE OF HEARING:                                                          January 11,  2007

REASONS FOR JUDGMENT OF THE COURT BY:       DÉCARY J.A.

DELIVERED FROM THE BENCH BY:                            DÉCARY J.A.

APPEARANCES

SOLICITORS OF RECORD: