PSGB#P-2014-2860; P-2014-2861

IN THE MATTER OF AN ARBITRATION

Under

THE PUBLIC SERVICE OF ONTARIO ACT

Before

THE PUBLIC SERVICE GRIEVANCE BOARD

BETWEEN

Jurkus

Complainant

• and -

The Crown in Right of Ontario (Ministry of Community Safety and Correctional Services)

Employer

BEFORE

Marilyn Nairn

Vice-Chair

FOR THE COMPLAINANT

Andrew Camman Polishuk Camman & Steele Counsel

FOR THE EMPLOYER

Paul Meier Treasury Board Secretariat Legal Services Branch Counsel

SUBMISSIONS RECEIVED

October 10 and 17, 2017

DECISION

1WHEREAS the Employer, with the Employee’s agreement, made a disclosure request for Crown Brief records in R. v. Stephen Jurkus, Information No. 14-6454 as set out below (the “Records”) in respect of the above-noted grievance arbitration matter before the Public Service Grievance Board (the “PSGB”);

2AND WHEREAS the Crown, in an exercise of pure Crown discretion, has agreed to acquire the Records and perform a review of that documentation pursuant to the principles enunciated in D.P. v. Wagg and other cases;

3AND WHEREAS to disclose the Records to the Employer and the Employee, subject to the Wagg screening process, the Crown requires a production order made by the PSGB that includes a sealing order so that the Records are not made part of the public record;

4NOW THEREFORE, on consent of the Employer and the Employee in this proceeding:

1. This Board orders that the Crown disclose the following Records to Employer counsel, subject to the Wagg screening process, pursuant to the Crown’s agreement in respect of this matter and pursuant to Rule 8(e) of the PSGB’s Rules:

a. statements made by Mr. Stephen Jurkus, Mr. Stephen Brydges and Mr. Gregory Langford from the Crown Brief;

2. This Board orders that counsel for the Employer share copies of the Records disclosed by the Crown with counsel for the Employee forthwith on receipt of same from the Crown; and

3. This Board orders that the Records will be sealed in this proceeding such that they will not form part of the Board’s public record pursuant to the PSGB’s powers under section 23(1) of the Public Service of Ontario Act, 2006, S.O. 2006, c. 35, Sched. A and section 25.0.1 of the Statutory Powers Procedure Act, R.S.O. 1990, c. S.22.