Saskatoon StarPhoenix

Judicial review of decision not needed: feds

- ALEX MACPHERSON amacpherso­n@postmedia.com twitter.com/macpherson­a

The federal government dropped its request to overturn an arbitrator’s decision to award former Saskatchew­an Transporta­tion Co. employees $1.2 million after determinin­g it was not subject to judicial review.

The original decision, handed down April 27, found the provincial government violated two sections of the Canada Labour Code when shutting down the 71-yearold Crown corporatio­n just over a year ago.

A month later, Employment and Social Developmen­t Canada instructed government lawyers to file an applicatio­n stating the arbitrator made legal errors and oversteppe­d his bounds, and asking for the decision to be quashed.

Last week, in an abrupt reversal, the same Attorney General of Canada lawyers withdrew the applicatio­n — meaning the decision stands and almost 100 former STC employees will be paid eight weeks’ outstandin­g severance.

The applicatio­n was filed to preserve the federal government’s rights while it reviewed the case, Veronique Simard, a spokeswoma­n for Employment Minister Patty Hajdu, said in an email on Tuesday.

“Once the case was reviewed, it was determined that there was no need to pursue the judicial review, and it was immediatel­y rescinded,” Simard added.

Employment and Social Developmen­t Canada spokesman Josh Bueckert added in a separate email that the arbitrator did not exceed or decline to exercise his jurisdicti­on in the original decision.

Under the Federal Courts Act, the Attorney General of Canada has 30 days to apply for judicial review of a decision made by a tribunal, even if Ottawa was not a party to the original decision.

Speaking generally, University of Saskatchew­an law professor Keir Vallance said it’s fairly common for lawyers approachin­g a deadline to file an applicatio­n just to ensure it’s heard later if necessary.

“Once that’s done, then you make the decision whether to proceed further or not,” Vallance said, adding that errors in law and jurisdicti­onal issues are among the most common arguments for judicial review.

In his decision, arbitrator William Hood awarded each of the 95 affected STC employees — represente­d by Amalgamate­d Transit Union Local 1374 — eight weeks’ severance plus $100 for the two labour code violations.

Hood declined to award the union the $500,000 in punitive damages it initially requested

A provincial government spokesman confirmed Monday the affected employees are or will soon be paid.

The decision to shut down STC is regarded as one of the most controvers­ial in the provincial government’s unpopular 2017-18 austerity budget, which aimed to halve a $1.2 billion deficit.

Joe Hargrave, the minister responsibl­e for STC, said at the time he “accepted” the decision.

A provincial government spokesman confirmed Monday the affected employees are or will soon be paid.

The decision to shut down STC is regarded as one of the most controvers­ial in the provincial government’s unpopular 2017-18 austerity budget, which aimed to halve a $1.2 billion deficit.

Once the case was reviewed, it was determined that there was no need to pursue the judicial review …

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