ARMED FORCES
Appeal from Prothonotary’s order dismissing plaintiff’s application for remedy under Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44] s. 24 on grounds that Chief of the Defence Staff had necessary authority to hear, make ruling on plaintiff’s claim under Canadian Forces grievance process—Objective behind adopting process was to resolve labour relations disputes—Not designed, structured to deal with constitutional legal question—Process not having jurisdiction over matter of dispute at issue, could therefore not provide remedy sought—Appeal allowed.
Bernath v. Canada (T-1683-02, 2007 FC 104, Noël J., judgment dated 31/1/07, 90 pp.)