Applicant
Respondent
- Parties: The applicant was Marie-Claude Sioui. The respondent was the Huron-Wendat Nation Council.
- Subject Matter: The applicant was terminated as the Huron-Wendat Nation Council’s Chief of Staff and Communications Officer. In a review of the Council’s decision, the Tribunal issued an arbitral award terminating the applicant’s employment contract and concluding that the Council had breached her contract in several respects but denying the applicant’s requested remedy against her termination. The Tribunal noted that a challenge relating to an aspect of the Politique unifiée de gestion des cadres (Unified Executive Management Policy) should be made through the mandatory private arbitration mechanism on which the parties contractually agreed. The applicant filed a judicial review application and argued that the Federal Court had jurisdiction to hear the application.
- Ruling: The court ruled in the respondent’s favour and dismissed the judicial review application. The Federal Court held that it lacked jurisdiction to consider the judicial review application. The court explained that the Tribunal was not a federal board, commission, or other tribunal under the Federal Courts Act. The court alternatively found that the Tribunal exercised private powers that could not be subject to the court’s judicial review jurisdiction.
- Date: The hearing was set on June 6, 2023. The court released its decision on Dec. 27, 2023.
- Venue: This was a federal case before the Federal Court.
- Amount: The court awarded costs to the respondent under r. 407 of the Federal Courts Rules, SOR/98-106.
Court
Federal CourtCase Number
T-1427-22Practice Area
Employment lawAmount
$ 0Winner
RespondentTrial Start Date
11 July 2022