Supreme Court of Canada

Vachon v. The Queen in right of Canada, [1982] 2 S.C.R. 604

Date: 1982-11-17

Jacques Vachon Appellant;

and

Her Majesty The Queen in right of Canada, as represented by the Deputy Minister of the Department of National Health and Welfare Respondent.

File No.: 16890.

1982: November 17.

Present: Ritchie, Beetz, Estey, Chouinard and Lamer JJ.

ON APPEAL FROM THE FEDERAL COURT OF APPEAL

Labour law—Public service—Dismissal during extension of probationary period—Extension of probationary period null and void—Adjudicator finding dismissal justified for breach of discipline—Whether adjudicator’s decision was made within jurisdiction—Public Service Employment Act, R.S.C. 1970, c. P-32, s. 28(3)—Public Service Staff Relations Act, R.S.C. 1970, c. P-35, s. 91(1)(b)—Public Service Employment Regulations, SOR/67-129, s. 30(2).

APPEAL from a judgment of the Federal Court of Appeal (1981), 1981 CanLII 2793 (FC), 129 D.L.R. (3d) 460, 39 N.R. 541, dismissing appellant’s appeal from a judgment of Cattanach J., 1979 CanLII 4063 (FC), [1980] 1 F.C. 212. Appeal dismissed.

John D. Richard, Q.C., and Lynn H. Harnden, for the appellant.

E.R. Sojonky, for the respondent.

The judgment of the Court was delivered orally by

RITCHIE J.—We are all in substantial agreement with the reasons for judgment delivered by Mr. Justice Le Dain on behalf of the Federal Court of Appeal. This appeal is accordingly dismissed.

There will be no order as to costs.

Judgment accordingly.

Solicitors for the appellant: Gowling & Henderson, Ottawa.

Solicitor for the respondent: R. Tassé, Ottawa.