Attorney General of Canada v. Public Service Alliance of Canada
Attorney General of Canada
Public Service Alliance of Canada
Law Firm / Organization
RavenLaw LLP

- Parties: The applicant was the Attorney General of Canada. The respondent was the Public Service Alliance of Canada.

- Subject Matter: The respondent gave notice to the employer that it wished to negotiate amendments to the Public Service Dental Care Plan. Dissatisfied by the employer’s position, the respondent filed a complaint with the Federal Public Sector Labour Relations and Employment Board under s. 190 of the Federal Public Sector Labour Relations Act, 2003. The complaint alleged that the employer failed to bargain in good faith and thus committed an unfair labour practice contrary to s. 106 of the Act. The Board concluded that the employer’s obligation to bargain in good faith was engaged and that the employer breached that duty.

- Ruling: The appeal court ruled in the respondent’s favour and dismissed the application. The appeal court held that the Board’s jurisdiction was engaged because it could reasonably conclude that the employer had a duty to negotiate the Dental Plan’s terms in good faith. The employer failed to demonstrate unreasonableness in the Board’s finding that the Dental Plan existed because the parties negotiated for it through the collective bargaining process, the appeal court said.

- Date: The hearing was set on May 15, 2024. The court released its decision on May 15, 2024.

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

- Amount: The appeal court awarded the respondent costs fixed in the amount of $2,500 in accordance with the parties’ agreement.

Federal Court of Appeal
A-118-23
Labour law
$ 2,500
Respondent
27 April 2023