Case information

Charter of Rights — Right to equality — Discrimination based on political conviction — Administrative law — Judicial review — Jurisdiction — Definition of “federal board, commission or other tribunal” — Applicant employed by band council — Elimination of position — Arbitration procedure set out in council’s management policy — Arbitrator deciding in favour of council — Federal Court declining jurisdiction and dismissing application for judicial review of arbitration decision — Court of Appeal dismissing appeal — Whether arbitrator corresponds to notion of “federal board, commission or other tribunal” when they render final decisions to resolve dispute according to policy of council — Whether lower courts erred in finding that it was private arbitration — Whether lower courts erred in dismissing or disregarding applicant’s claims concerning her entitlement to protection of Canada Labour Code — Whether it was political dismissal that was contrary to protection granted by charters of rights and freedoms — Federal Courts Act, R.S.C. 1985, c. F 7, ss. 2 (“federal board, commission or other tribunal”), 18 — Canada Labour Code, R.S.C. 1985, c. L 2, ss. 168, 240 — Canadian Charter of Rights and Freedoms — Charter of human rights and freedoms, CQLR, c. C 12.

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

The applicant was an indeterminate employee of the respondent, a First Nation band council, as chief of staff and communications officer; her working conditions were subject to the council’s executive management policy. Further to an internal restructuring, the applicant’s position was eliminated. The council’s policy provided for a dispute resolution procedure, which included an arbitration process. An arbitrator with the Quebec Arbitration Tribunal was mandated to review the council’s decision to terminate the work contract, in accordance with the terms of the contract of employment and the policy. The arbitrator dismissed the applicant’s complaint and decided the matter in the council’s favour. A Federal Court judge dismissed an application for judicial review filed by the applicant, on the ground that it did not have the jurisdiction required to conduct such a judicial review because the arbitrator was not a “federal board, commission or other tribunal” under the Federal Courts Act. The Court of Appeal unanimously dismissed an appeal by the applicant.