The appellant, a former prison guard, commenced an action against the Crown and several individuals for workplace discrimination, harassment, and defamation.
The motion judge struck the action on the basis that the essential character of the dispute fell within the exclusive jurisdiction of the grievance procedure under the Public Service Staff Relations Act and the collective agreement, or alternatively the Canadian Human Rights Act.
The Court of Appeal dismissed the appeal, affirming that the essential character of the dispute was workplace discrimination and harassment, which must be resolved through the statutory and collective agreement mechanisms rather than the courts.
