- Parties: The applicant was Daphne Desjarlais. The respondent was the Procureur général du Canada.

- Subject Matter: The employer accused the applicant, an employee of the Correctional Service of Canada, of failings during her shift, specifically in her supervision of an inmate who was at high risk of suicide and who was consequently placed under increased surveillance in a cell in the segregation unit of the penitentiary where she worked. The applicant filed a grievance against a disciplinary measure that her employer took against her. The Federal Public Sector Labour Relations and Employment Board dismissed the referral to arbitration of the grievance under s. 209(1)(b) of the Federal Public Sector Labour Relations Act, 2003. The applicant sought judicial review of the tribunal’s decision.

- Ruling: The appeal court ruled in the respondent’s favour and dismissed the judicial review application with costs. First, the appeal court held that the absence of any mention of the defence of discriminatory treatment did not appear to affect the intelligibility and transparency of the tribunal’s decision, given the history and context of the proceedings. Next, the appeal court rejected the applicant’s argument relating to the tribunal’s assessment of the allegedly excessive nature of the disciplinary sanction imposed on the applicant.

- Date: The hearing was set on Jan. 17, 2024. The court released its decision on Jan. 17, 2024.

- Venue: This was a federal case before the Federal Court of Appeal.

- Amount: No financial award was specified.