Fournier v. Canada (Solicitor General), 2003 FC 1079

Date: 20030917

Docket: T-750-02

Citation: 2003 FC 1079

EDMONTON, ALBERTA, WEDNESDAY, THE 17^TH DAY OF SEPTEMBER, 2003.

Present:           THE HONOURABLE MR. JUSTICE KELEN                              

BETWEEN:

LUC FOURNIER

                                                                                                                                            Applicant

                                                                         - and -

THE SOLICITOR GENERAL OF CANADA

                                                                                                                                        Respondent

                                            REASONS FOR ORDER AND ORDER

[1]                In considering this application for judicial review of the Correctional Service of Canada Final Level Grievance Decision dated October 17, 2001, which disciplined the applicant with a financial penalty of two days' pay for pushing a desk in a manner to cause injury to a fellow correctional officer, and for disrespectful and abusive comments to that fellow correctional officer;

[2]                AND UPON the Court concluding that the decision to investigate the matter as a breach of discipline, as opposed to a case of harassment and discrimination in the workplace, was reasonably and legally open to the respondent;

[3]                AND UPON the Court concluding there was no failure to observe a principle of natural justice, procedural fairness or other procedure that was required by law. In particular, the respondent had the procedural right to investigate the complaint as a breach of the disciplinary code established by Commissioners' Directive 60, rather than a breach of the harassment and discrimination code established by Commissioner's Directive 255, which would have necessitated specially trained harassment complaint assessors for the investigation;

[4]                AND UPON the Court concluding that the applicant was properly and fairly notified in writing about the disciplinary investigation into the complaint;

[5]                AND UPON the Court concluding that the investigation was thorough, open and fair;

[6]                AND UPON the Court concluding that the findings of fact in the decision under review were not made in a perverse or capricious manner, or without regard for the material before the decision maker;

                                                                       ORDER

THIS COURT ORDERS that this application for judicial review be dismissed with costs.                   

"Michael A. Kelen"

Judge

                                                             FEDERAL COURT

                            NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                          T-750-02

STYLE OF CAUSE:                          LUC FOURNIER v.

THE SOLICITOR GENERAL OF CANADA

PLACE OF HEARING:                    Edmonton, AB

DATE OF HEARING:                      September 17, 2003

REASONS FOR ORDER :             KELEN, J

DATED:                                             September 17, 2003

APPEARANCES:

Ms. Melodi Ulku                                                                       FOR APPLICANT

Mr. Rick Garvin                                                                        FOR RESPONDENT

SOLICITORS OF RECORD:

Bishop & MacKenzie LLP

Edmonton, AB                                                                          FOR APPLICANT

Morris Rosenberg

Deputy Attorney General of Canada

Ottawa, ON                                                                              FOR RESPONDENT