OFFICIAL LANGUAGES |
Marchessault v. Canada Post Corp.
T-1463-00
2002 FCT 1202, Campbell J.
22/11/02
8 pp.
Judicial review of Commissioner of Official Languages' decision dismissing applicant's complaint against classifica-tion of position of full-time postmaster for Canada Post in Coderre, Saskatchewan as "bilingual imperative"--Applicant, working as postmaster there on temporary basis, could not qualify for position as not meeting linguistic requirement-- Application dismissed--Applicable law at time posting decision made by Canada Post, before December 1, 1992, most important legislative requirement to be met in determining position bilingual that of "significant demand" in Official Languages Act, s. 22(b)--Canada Post established own criteria for determining "significant demand": minority official languages population of 500 or 10% of total population of given area--Canada Post used 1991 census (in which 33.8% of Coderre population claimed French as official language) as factual basis, concluding this constituted "significant demand"--Conclusion reasonable, reached properly on applicable legislation--As to argument Official Languages (Communications with and Services to the Public) Regulations requiring use of 1986 census figures, rather than those of 1991, Regulations not in force at time classification made as came into effect December 16, 1992--Even if Regulations did apply, release date of language counts of 1991 census September 15, 1992--As result, Regulations, s. 5(1)(p) correct provision to apply, argument 1986 census figures apply dismissed--Official Languages Act, R.S.C., 1985 (4th Supp.), c. 31, s. 22(b)--Official Languages (Communications with and Services to the Public) Regulations, SOR/92-48, s. 5(1)(p).