Date: 20030218
Docket: T-2085-01
Neutral Citation: 2003 FCT 177
Between:
MANON THERRIAULT
Applicant
- and -
THE DEPARTMENT OF INDIAN AFFAIRS
AND NORTHERN DEVELOPMENT (ASSISTANT
DEPUTY MINISTER, LANDS AND TRUST SERVICES)
Respondent
REASONS FOR ORDER
PINARD J.:
[1] Through an application for judicial review, the applicant is asking the Court to set aside a decision dated October 26, 2001, by the Associate Deputy Minister, Lands and Trust Services, of the Department of Indian Affairs and Northern Development Canada, dismissing the grievance numbered QUE-00-05.
[2] The respondent has hereby moved to strike out the application for judicial review on the sole ground that the letter of reprimand in question, concerning the applicant, was withdrawn from her file and that consequently the application for judicial review has become moot.
[3] But the application for judicial review is fundamentally aimed at having the above decision of October 26, 2001, set aside, with the ultimate aim of having the disciplinary measure taken against the applicant set aside. Her right to be reinstated in the position she was in before the imposition of the disciplinary measure, if she is right, constitutes a valid right distinct from the right of mere automatic withdrawal from her file of the letter of reprimand after two years under clause 17.05 of the collective agreement of the Program and Administrative Services Group.
[4] For these reasons, the respondent's motion is dismissed. Costs in the cause.
"Yvon Pinard"
JUDGE
OTTAWA, ONTARIO
February 18, 2003
Certified true translation
Suzanne Gauthier, C. Tr., LL.L
FEDERAL COURT OF CANADA
APPEAL DIVISION
SOLICITORS OF RECORD
DOCKET: T-2085-01
STYLE: MANON THERRIAULT v. THE DEPARTMENT OF INDIAN AFFAIRS AND NORTHERN DEVELOPMENT (ASSISTANT DEPUTY MINISTER, LANDS AND TRUST SERVICES)
PLACE OF HEARING: Québec, Quebec
DATE OF HEARING: February 13, 2002
REASONS FOR ORDER: The Honourable Mr. Justice Pinard
DATED: February 18, 2003
APPEARANCES:
Yves Picard FOR THE APPLICANT
Guy A. Blouin FOR THE RESPONDENT
SOLICITORS OF RECORD:
Picard, Sirard FOR THE APPLICANT
Beauport, Quebec
Morris Rosenberg FOR THE RESPONDENT
Deputy Attorney General of Canada
Ottawa, Ontario