PRIVACY |
L'Ecuyer v. Aéroports de Montréal
T-2228-01
2003 FCT 573, Pinard J.
13/5/03
12 pp.
Application pursuant to Personal Information Protection and Electronic Documents Act, s. 14--On January 23, 2001, plaintiff sent defendant, her employer, five requests for access to personal information--These requests concerned two complaints which had been filed against her with employer-- Employer refused to disclose information requested--Plaintiff filed two-part complaint with Office of federal Privacy Commissioner--She sought compensation, order against defendant requiring it to correct its practices so as to comply with Act, s. 4.3 of Schedule I, s. 5(3)--Application dismissed on basis neither Commissioner nor Court had jurisdiction to decide plaintiff's complaint and, on evidence, complaint without basis--To determine whether dispute exclusively within jurisdiction of grievance arbitrator, must be decided whether gist of dispute arising from collective agreement expressly or by implication--In case at bar, gist of dispute arising from interpretation, application, administration or failure to implement same applicable collective agreement-- Nature of dispute between parties and scope of applicable collective agreement such that grievance arbitrator, appointed under Canada Labour Code and collective agreement, had exclusive jurisdiction ratione materiae to decide dispute in question, to exclusion of federal Privacy Commissioner and of Court--Exclusive jurisdiction of arbitrator in itself justifying dismissal of application at bar--Employer cannot, without risking infringement of both Code's provisions of public order and negotiated provisions of collective agreement, communi-cate directly with employee in dispute without having recourse to latter's union--Application dismissed--Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5, ss. 5, 14, Sch. I, s. 4.3--Canada Labour Code, R.S.C., 1985, c. L-2.