Therriault v. Canada (Department of Indian Affairs and Northern Development), 2003 FCT 177

Date: 20030218

                                                                                                                                       Docket: T-2085-01

Neutral Citation: 2003 FCT 177

Between:

MANON THERRIAULT

Applicant

- and -

THE DEPARTMENT OF INDIAN AFFAIRS

AND NORTHERN DEVELOPMENT (ASSISTANT

DEPUTY MINISTER, LANDS AND TRUST SERVICES)

Respondent

REASONS FOR ORDER

PINARD J.:

[1]         Through an application for judicial review, the applicant is asking the Court to set aside a decision dated October 26, 2001, by the Associate Deputy Minister, Lands and Trust Services, of the Department of Indian Affairs and Northern Development Canada, dismissing the grievance numbered QUE-00-05.

[2]         The respondent has hereby moved to strike out the application for judicial review on the sole ground that the letter of reprimand in question, concerning the applicant, was withdrawn from her file and that consequently the application for judicial review has become moot.

[3]         But the application for judicial review is fundamentally aimed at having the above decision of October 26, 2001, set aside, with the ultimate aim of having the disciplinary measure taken against the applicant set aside. Her right to be reinstated in the position she was in before the imposition of the disciplinary measure, if she is right, constitutes a valid right distinct from the right of mere automatic withdrawal from her file of the letter of reprimand after two years under clause 17.05 of the collective agreement of the Program and Administrative Services Group.

[4]         For these reasons, the respondent's motion is dismissed. Costs in the cause.

"Yvon Pinard"

                                JUDGE

OTTAWA, ONTARIO

February 18, 2003

Certified true translation

Suzanne Gauthier, C. Tr., LL.L

FEDERAL COURT OF CANADA

APPEAL DIVISION

SOLICITORS OF RECORD

DOCKET:                                              T-2085-01

STYLE:                                                   MANON THERRIAULT v. THE DEPARTMENT OF INDIAN AFFAIRS AND NORTHERN DEVELOPMENT (ASSISTANT DEPUTY MINISTER, LANDS AND TRUST SERVICES)

PLACE OF HEARING:                      Québec, Quebec

DATE OF HEARING:                         February 13, 2002

REASONS FOR ORDER:              The Honourable Mr. Justice Pinard

DATED:                                                February 18, 2003

APPEARANCES:

Yves Picard                                                                                     FOR THE APPLICANT

Guy A. Blouin                                                                     FOR THE RESPONDENT

SOLICITORS OF RECORD:

Picard, Sirard                                                                                  FOR THE APPLICANT

Beauport, Quebec

Morris Rosenberg                                                                           FOR THE RESPONDENT

Deputy Attorney General of Canada

Ottawa, Ontario