Duiker v. Canada (Attorney General)
Matthew Duiker
Law Firm / Organization
Nugent Law Office
Lawyer(s)

Adam Cembrowski

Tim Cotton
Law Firm / Organization
Nugent Law Office
Lawyer(s)

Adam Cembrowski

Tristin Kerekes
Law Firm / Organization
Nugent Law Office
Lawyer(s)

Adam Cembrowski

Attorney General of Canada
Law Firm / Organization
Department of Justice Canada
Lawyer(s)

Alexandre Toso

- Parties: The appellants were Matthew Duiker, Tim Cotton, and Tristin Kerekes. The respondent was the Attorney General of Canada.

- Subject Matter: The appellants were correctional officers in the Edmonton Institution, a maximum-security prison. In February 2022, correctional officers in Unit F learned that their unit would be shifting to a “normal” routine from a “modified” inmate movement routine. This information prompted the appellants and other correctional officers to refuse work. They claimed that a lack of access to firearms to respond to inmate violence created a danger and that the available alternative non-lethal weaponry was inadequate. In March 2022, the Regional Director of the Labour Program of Employment and Social Development Canada decided not to investigate the work refusal on the basis of bad faith under s. 129(1)(c) of the Canada Labour Code. The Federal Court dismissed the appellants’ judicial review application upon finding the decision reasonable and procedurally fair.

- Ruling: The appeal court ruled in the respondent’s favour and dismissed the appeal. The appeal court substantially agreed with the Federal Court’s reasons and conclusions. The appeal court held that the appellants failed to show that the Federal Court made an unreasonable decision and breached procedural fairness to warrant the court’s intervention.

- Date: The hearing was set on Nov. 21, 2024. The court released its decision on Nov. 21, 2024.

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

- Amount: The appeal court awarded costs in an unspecified amount. 

Federal Court of Appeal
A-154-23
Labour law
$ 0
Respondent
14 June 2023