Comstock v. Canada (Treasury Board), 2008 FCA 197

Date: 20080528

Docket: A-216-07

Citation: 2008 FCA 197

CORAM:       LINDEN J.A.

                        NADON J.A.             

                        SEXTON J.A.

BETWEEN:

SUSAN COMSTOCK

Appellant

and

TREASURY BOARD OF CANADA and

PUBLIC SERVICE ALLIANCE OF CANADA

Respondent

Heard at Toronto, Ontario, on May 28, 2008.

Judgment delivered from the Bench at Toronto, Ontario, on May 28, 2008.

REASONS FOR JUDGMENT OF THE COURT BY:                                                NADON J.A.

Date: 20080528

Docket: A-216-07

Citation: 2008 FCA 197

CORAM:       LINDEN J.A.

                        NADON J.A.             

                        SEXTON J.A.

BETWEEN:

SUSAN COMSTOCK

Appellant

and

TREASURY BOARD OF CANADA and

PUBLIC SERVICE ALLIANCE OF CANADA

Respondent

REASONS FOR JUDGMENT OF THE COURT

(Delivered from the Bench at Toronto, Ontario, on May 28, 2008)

NADON J.A.

[1]               While we are respectful of the deeply held religious convictions of the appellant, we all agree that there is no basis upon which we should interfere with Justice Gibson’s decision pursuant to which he upheld the Canadian Human Rights Commission’s decision that it was without jurisdiction to entertain the two (2) complaints filed by the appellant.

[2]               In so concluding, we express no view with regard to the meaning of clause 11.04 of the  collective agreement nor as to whether Treasury Board’s interpretation of that clause was correct.

[3]               The appeal will therefore be dismissed, but in the circumstances without costs.

“M. Nadon”

FEDERAL COURT OF APPEAL

NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                                                              A-216-07

(AN APPEAL FROM THE ORDER OF THE HONOURABLE MR. JUSTICE FREDERICK E. GIBSON, DATED MARCH 30, 2007, WHEREBY TWO DECISIONS OF THE CANADIAN HUMAN RIGHTS COMMISSION, DATED FEBRUARY 3, 2006, WERE DISMISSED, IN FEDERAL COURT FILE DOCKET NO. T-381-06.)

STYLE OF CAUSE:                                                              SUSAN COMSTOCK v.

TREASURY BOARD OF CANADA and PUBLIC SERVICE ALLIANCE OF CANADA

PLACE OF HEARING:                                                        TORONTO, ONTARIO

DATE OF HEARING:                                                          MAY 28, 2008

REASONS FOR JUDGMENT OF

THE COURT BY:                                                                  (LINDEN, NADON & SEXTON JJ.A.)

DELIVERED FROM THE

BENCH BY:                                                                           NADON J.A.

DATED:                                                                                 MAY 28, 2008

APPEARANCES:

SOLICITORS OF RECORD: