Date: 20090921
Dockets: A-12-09
A-13-09
Citation: 2009 FCA
269
CORAM: NOËL J.A.
NADON J.A.
PELLETIER J.A.
BETWEEN:
CONSEIL
DES INNUS DE PESSAMIT
Applicant
and
ASSOCIATION DES POLICIERS
ET POLICIÈRES
DE PESSAMIT
Respondent
Heard at Montréal,
Quebec, on September 21, 2009.
Judgment delivered from the Bench at Montréal, Quebec, on September 21, 2009.
REASONS FOR JUDGMENT OF THE COURT BY: NOËL
J.A.
Date:
20090921
Dockets: A-12-09
A-13-09
Citation: 2009 FCA 269
CORAM: NOËL
J.A.
NADON
J.A.
PELLETIER
J.A.
BETWEEN:
CONSEIL DES
INNUS DE PESSAMIT
Applicant
and
ASSOCIATION DES POLICIERS
ET POLICIÈRES
DE PESSAMIT
Respondent
REASONS FOR JUDGMENT OF THE
COURT
(Delivered from the Bench at Montréal, Quebec, on September 21,
2009)
NOËL J.A.
[1]
These
are applications for judicial review of two interim decisions by the Canada
Industrial Relations Board (the Board) in a certification process initiated by
the applicant. These decisions dismissed two motions for a stay of proceedings
filed by the applicant and set a date for the provision of its evidence.
[2]
The
first decision, dated December 18, 2008, required that the evidence in support
of a constitutional question raised by the applicant under section 35 of The
Constitution Act, 1982 be provided on or before January 15,
2009.
The second decision, dated December 23, 2008, extended that deadline to February 3, 2009.
[3]
On
March 15, 2009, on the basis of a motion filed by the applicant, a motion that
the respondent did not oppose, this Court ordered that the decisions be stayed
until determination of the applications for judicial review.
[4]
Other
than the applicant, only the Board, pursuant to its intervention authority
under subsection 22(1.1) of the Canada Labour Code, R.S.C. 1985, c. L‑2,
appeared in the appeal before this Court and filed a memorandum.
[5]
In
support of its applications, the applicant alleges that the impugned decisions
were made by an unauthorized person, in this case, the Executive Director and
Senior Registrar of the Board (the Registrar). According to the applicant, only
the Board had the authority to act. Furthermore, the applicant alleges that the
limited time it was given was insufficient and violated its right to be heard.
[6]
There
is no need to answer either of these questions raised by the applicant because
other decisions have since replaced the impugned decisions, amending the
deadline they had set. Following the last of these decisions, the parties were
informed on April
1, 2009,
that the Board would hold a hearing to allow the applicant to make its
constitutional argument. This hearing, convened by the Board, may now take
place. In light of the fact that many months have passed since the
constitutional argument was raised, there is no cause for concern that the
applicant will be unable to present its evidence. In fact, counsel for the
applicant notified the Court that he would be ready to proceed within a month.
[7]
The
subject matter of the applications for judicial review now being moot, there is
no need to consider the applications in further detail.
[8]
Therefore,
the applications for judicial review are dismissed.
“Marc
Noël”
Certified true
translation
Sarah Burns
FEDERAL COURT OF APPEAL
SOLICITORS OF RECORD
DOCKETS: A-12-09,
A-13-09
STYLE OF CAUSE: Conseil
des Innus de Pessamit and Association des policiers et policières de Pessamit
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: September
21, 2009
REASONS FOR JUDGMENT OF THE
COURT
BY: Noël J.A.
Nadon
J.A.
Pelletier
J.A.
DELIVERED FROM THE BENCH BY: Noël J.A.
APPEARANCES:
|
Jocelyn Dubé
|
FOR THE APPLICANT
|
|
Ken
Rock
|
FOR THE RESPONDENT
|
|
Françis
Demers
|
FOR THE ATTORNEY GENERAL OF QUÉBEC
|
|
David Demirkan
Marie-Claude
Grignon
|
FOR THE CANADA INDUSTRIAL RELATIONS BOARD
|
SOLICITORS OF RECORD:
|
J. Dubé & Associés
Montréal, Quebec
|
FOR THE APPLICANT
|
|
Ken Rock
Mani-uternam,
Quebec
|
FOR THE RESPONDENT
|
|
Françis
Demers
Montréal, Quebec
|
FOR THE ATTORNEY GENERAL OF QUÉBEC
|