The appellant, a unilingual air traffic controller, was involuntarily transferred from Montreal to Cornwall after his position was designated bilingual.
He accepted the transfer under protest to avoid dismissal and sought a declaration that he was entitled to remain in his former position.
The Supreme Court of Canada allowed the appeal, holding that the Public Service Official Languages Exclusion Order protected the appellant from being removed from his position solely for lacking bilingual capacity.
The Court further held that the appellant's rights were not extinguished by accepting the transfer under protest, as employees should not be forced to risk disciplinary action to preserve their legal rights.