Leslie A. Reaume

The Canadian Human Rights Commission brought a motion for leave to intervene as a friend of the court in appeals concerning the entitlement of same-sex couples to marry.

The Attorney General of Canada opposed the motion.

The Court of Appeal granted the motion, finding that the Commission had the experience and expertise to provide a unique perspective and useful contribution to the resolution of the constitutional and societal issues raised, without causing injustice to the immediate parties.

The applicant, who was the victim of a vicious aggravated sexual assault by a co-worker, filed a duty of fair representation complaint against her union.

The union had assisted the attacker in obtaining a leave of absence to serve his criminal sentence without consulting the applicant or considering her interests.

The Board found that the union breached its duty under section 74 of the Labour Relations Act by failing to balance the competing interests of the two bargaining unit members and ignoring the applicant's concerns.

The leave of absence agreement was set aside, and the union was directed to reconsider the matter after obtaining the applicant's input.