Case information

Administrative law — Boards and tribunals — Whether order in council whose consequence is to “close all the doors” and block access to any competent specialized labour relations tribunal tasked with enforcing legislative provisions that specifically concern right of association constitutes, in itself, substantial interference with right of association — Whether provisions of new Quebec Code of Civil Procedure set out in art. 529 and decision of Supreme Court in Strickland v. Canada, 2015 SCC 37, grant Quebec courts discretion to decide, ultimately, to uphold legislative provision that is unlawful under charters on ground that, in context of litigation on validity of legislative provision, there also exists possibility of monetary remedy through action for damages — In context of decision granting motion to dismiss appeal, whether fact that Court of Appeal gives no reasons or inadequate reasons amounts to failure to properly exercise jurisdiction conferred on it under provisions of Code of Civil Procedure — Since previous court decisions have found that order 14 96 has effect of preventing Administrative Labour Tribunal from exercising exclusive jurisdiction conferred on it under s. 66 of Public Service Act to decide all disputes respecting public servant’s effective inclusion in or exclusion from union, whether certification order 14 96 concerning certification of Association des juristes de l’État is contrary to PSA and thus breaches principle of hierarchy of laws in force in Canada and, consequently, whether order must be declared null.

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Mr. Verreault is a member of the Barreau du Québec and the Ordre des ingénieurs du Québec. In 1997, the Ministère des Ressources naturelles hired Mr. Verreault to work as a mining engineer. In 2008, he took up new duties in the same department. In his opinion, however, that new assignment required him to perform mainly the duties of a lawyer, though he was still classified as an engineer. After seeking recognition of his correct job class before administrative tribunals, a process that lasted several years and proved unsuccessful, he filed an application for judicial review with a court of law in order to compel the performance of an act (mandamus). He also filed an application for a declaratory judgment and an originating application in damages.

The Quebec Superior Court dismissed Mr. Verreault’s application on the ground that the order sought had no practical impact because the state of his health prevented him from resuming his employment or any other employment as a lawyer or engineer with the Quebec government. In addition, the evidence adduced did not make it possible for the Superior Court to establish that Mr. Verreault had performed the duties of a lawyer at the times he indicated. The Court of Appeal dismissed the appeal and stated that the case had no reasonable chance of success.