Date: 20001212
Docket: A-743-99
CORAM: STONE J.A.
DÉCARY J.A.
EVANS J.A.
BETWEEN:
THOMAS GEORGE SCHREIBER
Appellant
- and -
HER MAJESTY THE QUEEN IN RIGHT OF CANADA
Respondent
Heard at Ottawa (Ontario) on Tuesday, December 12, 2000
Judgment delivered from the Bench on Tuesday, December 12, 2000
REASONS FOR JUDGMENT OF
THE COURT DELIVERED BY: DÉCARY J.A.
Date: 20001212
Docket: A-743-99
CORAM: STONE J.A.
DÉCARY J.A.
EVANS J.A.
BETWEEN:
THOMAS GEORGE SCHREIBER
Appellant
- and -
HER MAJESTY THE QUEEN IN RIGHT OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Ottawa (Ontario)
on Tuesday, December 12, 2000)
DÉCARY J.A.
[1] The appellant seeks, amongst other things, a declaration that his rights were breached on the basis that he was not allowed to work in his position following the introduction of bilingual services. He argues, essentially, that as an Air Traffic Controller in the Ottawa Control Tower working in a position designated as unilingual, his incumbent's rights pursuant to the Public Service Official Languages Exclusion Approval Order ("Exclusion Approval Order") (SOR/81-787) were breached when he was prevented from carrying out his duties pending his attainment of the bilingualism requirements which were imposed by management. The requirements were imposed as a result of the implementation of bilingual air traffic control in the National Capital Region, pursuant to the respondent's obligations under the Official Languages Act (R.S.C. 1985 (4th Supp.), c. 31.
[2] Madam Justice McGillis, whose decision can be found at [1999] F.C.J. No. 1576 (QL), dismissed the action. In her view, the facts of the case established that there was an inconsistency between the constitutionally based rights and the corresponding duties imposed on the Department of Transport in the Official Languages Act and the right of Mr. Schreiber under the Exclusion Approval Order to be excluded from the requirement of bilingualism. She went on to hold that the duties of the Department prevailed to the extent of the inconsistency over the right of Mr. Schreiber.
[3] In our opinion, there was ample evidence to support the finding made by the Trial Judge that, on a long term basis, the maintenance of the highest safety standards called for a fully bilingual working environment, given the integrated nature of the control tower operations.
[4] The appeal will therefore be dismissed with costs.
"Robert Décary"
J.A.
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