Penitentiaries
Judicial review of Adjudicator’s decision reinstating respondent because respondent’s off-duty misconduct beyond Corrections Service of Canada’s (CSC) control; evidentiary proof of potential loss of CSC’s reputation required to substantiate termination for cause—Respondent working as psychologist with CSC, found guilty of criminal harassment, terminated for breaching standard of conduct established in Code of Discipline, for potentially discrediting CSC’s reputation—Under Corrections and Conditional Release Act, S.C. 1992, c. 20, Commissioner having authority to establish standards of conduct—Authority to impose penalties for employee breaches pursuant to Financial Administration Act, R.S.C., 1985, c. F-11, s. 11(2)(f) delegated to Commissioner pursuant to Treasury Board’s Terms of Conditions of Employment Policy—Rules made by Commissioner legally binding—Statutory instrument not required to act on statutory power to delegate legal authority—Generalized interpretation of Martineau et al. v. Matsqui Institution Inmate Disciplinary Board, [1978] 1 S.C.R. 118 in Endicott v. Canada (Treasury Board) 2005 FC 253 regarding nature of Commissioner’s directives not applicable—Adjudicator erring in law by applying wrong standards against which conduct, termination judged—Also erred in approach to evidence—Required to be fully informed of respondent’s workplace responsibilities, decide how conduct might affect CSC’s reputation with respect thereto—Application allowed.
Canada (Attorney General) v. Tobin (T-542-07, 2008 FC 740, Campbell J., judgment dated June 16, 2008, 36 pp.)