Date:
20071206
Docket:
T-1036-07
Citation:
2007 FC 1282
[ENGLISH
TRANSLATION]
Montréal, Quebec, December 6, 2007
PRESENT:
Richard Morneau, Esq., Prothonotary
BETWEEN:
NADINE
KASSAB
Applicant
and
BELL
CANADA
Respondent
REASONS
FOR ORDER AND ORDER
[1]
Whereas
these Reasons for Order and Order are concerned with awarding the objection by
the tribunal in question, Nathalie Faucher, regarding the transmission of her
handwritten notes that she took during a hearing that was held on February 27,
2007, while she was acting as adjudicator under Division XIV of the Canada
Labour Code (R.S.C. (1985) c. L-2) and at the end of that proceeding, she
made her decision on May 2, 2007, in which she dismissed a complaint of unjust
dismissal filed by the applicant.
[2]
Given
the order issued by this Court on October 30, 2007, as well as the various
records filed by the parties, in accordance with the three steps set out at
page 3 of that order dated October 30, 2007.
[3]
Whereas
the Court is of the opinion that, as an adjudicator appointed under section 242
of the Canada Labour Code, Ms. Faucher constituted an administrative
tribunal performing a judicial role, and that she therefore benefits here from
the judicial privilege that is adjudicative privilege, and that this privilege
absolutely applies here.
[4]
Given
paragraphs 15 to 18 of the solemn affirmation sworn by Ms. Faucher on June 28,
2007; the paragraphs read as follows:
[translation]
15.
I
use my handwritten notes as a memory aid when I deliberate and draft my
decision.
16.
For
me, these notes are an essential and integral part of the process whereby I
come to a decision in cases that are submitted to me.
17.
During
the hearing on February 27, 2007, which was held to hear the complaint by
Nadine Kassab against her employer, Bell Canada, I took handwritten notes as
usual, and in the manner described above. As is always the case, the
handwritten notes also served as a memory aid during my deliberation and while
drafting my arbitration award dated May 2, 2007, and they are part of the
decision-making process that led me to make this award.
18.
I
am signing this affidavit as a grievance adjudicator and tribunal in support of
my objection to the request by the applicant, Nadine Kassab, to transmit a
certified copy of my personal, handwritten notes, and for no other purpose.
[5]
Given
the teachings to be drawn from Canada (Privacy Commissioner) v. Canada
(Labour Relations Board), [1996] 3 F.C. 609 (hereinafter CLRB) and
their application by Ms. Faucher as part of her objection and reply records.
[6]
Given
more specifically paragraphs 68, 69, 75 to 77 of CCRT.
[7]
Whereas
the handwritten notes sought here by the applicant are clearly and
unquestionably at the core of the adjudicator in question’s decision-making
privilege.
ORDER
For
the reasons above, the objection by Ms. Faucher regarding the transmission of
handwritten notes sought by the applicant is upheld, and the Court therefore
dismisses the application by the applicant to transmit said notes.
As
for the future timetable that the parties are to observe in bringing this
docket to order, the parties shall, within the next fifteen (15) days, jointly
transmit a clear and concise draft order that set out the steps to follow and
the resulting deadlines.
“Richard
Morneau”
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: T-1036-07
STYLE OF CAUSE: NADINE
KASSAB
Applicant
and
BELL
CANADA
Respondent
REASONS FOR
ORDER
AND ORDER: PROTHONOTARY MORNEAU
DATED: December 6, 2007
SOLICITORS OF RECORD:
|
Pierre-Alexandre Cyr
7547 St-Denis Street
Montréal, Quebec H2R 2E7
|
FOR THE APPLICANT
|
|
Suzanne Thibaudeau, QC
Heenan Blaikie LLP
1250 René-Lévesque Blvd. West
Suite 2500
Montréal, Québec H3B 4Y1
|
FOR THE TRIBUNAL
|
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