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Parks CanadaPSAC Requests Intervention of Federal Minister of Labour on Issue of Parks Wardens Safety.The Public Service Alliance of Canada has written to the Federal Minister of Labour, the Honourable Joe Fontana, to intervene in order to ensure that the Labour Program of HRSDC enforces the provisions of the Canada Labour Code Part II in regards to the situation of danger faced by Parks Canada Wardens who carry out law enforcement duties. In the two weeks since the decision of the Federal Court of Appeal, the Parks Canada Agency has continued to operate as if nothing had happened, and Park Wardens have been instructed to continue to carry out law enforcement duties. With both the lower Court decision and the National Appeals Officer’s decision being set aside, the directions issued by the Health and Safety Officer, in 2001, which called on Parks Canada to protect the wardens from the danger, must be implemented immediately. However HRSDC Labour has so far failed to enforce the original directions of the Health and Safety Officer and thus PSAC has asked that the Minister of Labour intervene. In our correspondence to the Minister, PSAC has indicated that if no enforcement activity is initiated urgently, then PSAC will be forced to pursue further actions to ensure enforcement of the Court’s decision. The full text of PSAC’s correspondence to the Minister of Labour is reproduced below. May 24, 2005 The Honourable Joseph Frank Fontana Sir: As the National President of the Public Service Alliance of Canada (PSAC) and the National President of the National Component of the PSAC, we are requesting your immediate intervention to ensure that the Labour Program of Human Resources and Skills Development Canada fulfills their legal mandate to enforce the provisions of the Canada Labour Code, Part II. On May 6, 2005, the Federal Court of Appeal found in favour of the Public Service Alliance of Canada in our Parks Canada Case. The Federal Court of Appeal called “patently unreasonable” the previous decision of the National Appeals Officer (NAO) to not apply provisions of Part II of the Canada Labour Code, which he determined were applicable to this case. The Court of Appeal also believed it was “patently unreasonable” for him to have failed to take account of relevant evidence. The issue is now being sent back to the Canada Appeals Office on Occupational Health and Safety for redetermination by a National Appeals Officer with regard to the proper definition of “danger” under the Canada Labour Code. It has now been over two weeks since the Court’s decision, and the Parks Canada Agency is continuing to operate as if nothing happened. The Chief Executive Officer, Alan Latourelle, even went so far as to state that Park Wardens are to continue to carry out law enforcement as per Management Directive 2.1.9 which was at the core of this dispute. In our opinion, the subsequent amendments to Management Directive 2.1.9 have not changed the working environment in any significant way. We believe that, with both the lower Federal Court decision and the NAO decision set aside, the conclusions established by Health and Safety Officer Grundie in his investigation report and his two Directions dated February 1, 2001 must be implemented immediately.Mr. Grundie stated that he considered that certain law enforcement activities carried out by Park Wardens would place them at risk of grievous bodily harm or death because they were not provided with necessary personal protective equipment. Pursuant to paragraph 145(2)(a) of the Code, he directed Parks Canada to take measures within six months to: Pursuant to paragraph 145(2)(b), he further directed Parks Canada to "discontinue the activity that constitutes a danger until you have complied with the direction issued (…)”. So far, the Parks Canada Agency has not complied with the requirements imposed upon them by Health and Safety Officer Grundie. It is our position the Parks Canada Agency, the Chief Executive Officer and the Director Generals are in direct contravention of Section 125(1)(x) of the Canada Labour Code, Part II. We are worried about the inexplicable delays encountered to date by your Department while our members are awaiting further action to ensure that the Canada Labour Code, Part II is enforced. If no enforcement activity is initiated urgently, we will be forced to pursue further actions to ensure that the decision of the Federal Court of Appeal of Canada is complied with and that all previous Directions issued by your Department are adhered to by the Parks Canada Agency. We hope you will take immediate action in this urgent health and safety matter to our Park Wardens. Sincerely, Nycole Turmel Heather Brooker
C.C. John S. McKennirey, Assistant Deputy Minister, Labour & NSH
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