No 28
September 10, 1998
TREASURY BOARD APPEAL
As you are aware on August 27th, Treasury Board Minister Marcel Massé and Justice Minister Anne McLelland announced the federal government would appeal the Human Rights Tribunal decision of June 29. At the same time they announced that they would meet with the Public Service Alliance of Canada to discuss implementation of the decision. PSAC is holding off any court action of its own until after those meetings have been held. Since that time members have had many questions about the appeal
Q. What is the appeal process that will be followed?
A. The appeal that Treasury Board has made will be heard first at the Federal Court -Trial Division. If necessary, it could then be referred to the Federal Court of Appeal. Following that the Supreme court of Canada could be asked to grant leave for the appeal to be heard by the highest court of the land. The application to appeal can be withdrawn at any point of time in this process.
Q. How long will that take?
A. The PSAC is seeking to expedite this case so that it will be dealt with as quickly as possible. However there is no guarantee that the court will agree to speed up the process to hear this case. There is likewise no way of predicting how long it will take to get court hearing dates established. It could be six months or longer. The whole case will not be heard again so we can anticipate needing only a few days of the court’s time. After that we must wait for the court to render its decision. This is why it is essential for PSAC members to get behind the union’s campaign to convince the government to withdraw the appeal.
Q. What are our chances of success in having this appeal thrown out?
A. We have no reason to believe that this appeal will not be dismissed by the court. The PSAC made a very strong case in front of the Tribunal and was successful. On the other hand, in the past, Treasury Board made several court challenges of this case and lost every one. We have stressed in many of our communications that there is no legal basis for this appeal. It is entirely political - and driven by cost alone. It is also a bargaining tactic which is designed to attempt once more to have the union settle for less.
Q. What are the competing decisions which Justice Minister McLellan spoke about at the press conference?
A. Beware of anything government ministers say about this issue these days. It would appear they haven’t been given all the facts. Her reference was to a Federal Court Trial Division decision by Justice Muldoon in the Bell Canada vs. CEP/CTEA pay equity case. The appeal of that case is being heard at the Federal Court of Appeal on October 13, 1998. It is widely expected that the Muldoon decision will be overturned by the court at this level.
Q. So it’s out of our hands. Is there anything we can do?
A. You can choose NOT to wait. The court process is something the PSAC will do for as long as it takes to get justice. It is NOT the only thing PSAC is doing. An intensive campaign which is supported by a wide variety of national groups is underway. PSAC also has widespread support from much of the media. We need all 200,000 people affected by this complaint and all their supporters, friends and family to join voices in urging the government to withdraw the appeal and implement the full award of the Tribunal. Call your Component or Regional Office for more information. Information on the campaign is also available from our Hotline at 560-5480 (NCR) and 1-888-655-5111 and from our Website at www.psac-afpc.com