Appellant
Respondent
On June 6, 2022, the Federal Court ruled in favor of Mr. Scott, an officer at the Canada Border Services Agency (CBSA). He had filed a workplace violence complaint about an off-duty incident on September 18, 2019, at the Rainbow Bridge port of entry. CBSA dismissed it, claiming the allegations weren't related to workplace violence. Unsatisfied, Mr. Scott sought intervention from the Minister of Labour. However, on November 13, 2019, the Minister’s Delegate redirected the case to the Canadian Human Rights Commission, claiming it fell under their jurisdiction. The Federal Court deemed this decision unreasonable, noting that the Minister didn’t have discretion to reject the investigation. The case was sent back for redetermination. The Attorney General of Canada (AGC) appealed, referencing a 2015 ruling suggesting employers aren't obligated to investigate if allegations obviously aren't about workplace violence. The appeal was dismissed. The Delegate's decision was criticized for lack of clarity and justification. Notably, the redirection to the Canadian Human Rights Commission was seen as baseless since no discrimination was alleged. Furthermore, the claim that Mr. Scott was a traveler, not an employee, during the incident lacked explanation. In conclusion, the appeal upheld the Federal Court's judgment but for different reasons. The Delegate's decision was deemed unreasonable and sent back for redetermination. Mr. Scott was awarded $4,500 in costs.
Court
Federal Court of AppealCase Number
A-172-22Practice Area
Employment lawAmount
$ 4,500Winner
RespondentTrial Start Date
25 August 2022Download documents