Important Decisions

Below is a list of important decisions from the Federal Public Sector Labour Relations and Employment Board (FPSLREB), the Federal Court, the Federal Court of Appeal, the Supreme Court, or any other institution relevant to CIU members. This non-exhaustive list will be updated as new decisions are become available. If you cannot find the decision you are looking for, please use the links at the bottom of the page to access each institutions’ search engines.


FPSLREB decisions

The following are decisions of the Federal Public Sector Labour Relations Board. Click on each link for more information (you will be redirected to the FPSLREB website).

2012 PSLRB 21 – Bartlett et al. v. Treasury Board (Canada Border Services Agency)

  • Subject(s): Union activity – No discrimination – Wearing union bracelet

2015 PSLREB 70 – Heyser v. Deputy Head (Department of Employment and Social Development) and Treasury Board (Department of Employment and Social Development)

  • Subject(s): Security clearance – Reliability status revocation – Qualification – Termination

2016 PSLREB 16 – Féthière v. Deputy Head (Royal Canadian Mounted Police)

  • Subject(s): Off-duty conduct – Marijuana use – Security clearance – Reliability status revocation –  Suspension – Termination

2016 PSLREB 19 – Public Service Alliance of Canada v. Treasury Board (Canada Border Services Agency)

  • Subject(s): Bargaining in good faith – Freeze period – Representation

2016 PSLREB 37 – Grant v. Deputy Head (Canada Border Services Agency)

  • Subject(s): Disguised disciplinary action – Jurisdiction – Reinstatement – Termination

2016 PSLREB 42 – Campbell v. Treasury Board (Correctional Service of Canada)

  • Subject(s): Continuing grievance – Mootness – Sick leave – Pattern of absences

2017 FPSLREB 32 – Legros v. Treasury Board (Canada Border Services Agency)

  • Subject(s): Age discrimination

2017 FPSLREB 37 – Bétournay v. Canada Revenue Agency

  • Subject(s): Breach of trust – Compensation – Disguised disciplinary action – Termination

2018 FPSLREB 18 – Frezza v. Deputy Head (Department of National Defence)

  • Subject(s): Bad faith – Disguised discipline

2018 FPSLREB 66 – Public Service Alliance of Canada v. Treasury Board (Canada Border Services Agency)

  • Subject(s): Labour relations – Unfair labour practice – Union activity – Wearing union shoelaces as bracelets and in hair

2018 FPSLREB 82 – Public Service Alliance of Canada v. Treasury Board (Canada Border Services Agency)

  • Subject(s): Labour relations – Policy grievance – Definition of “calendar month”

2018 FPSLREB 87 – Michaud v. Canada Revenue Agency

  • Subject(s): Suspension

2019 FPSLREB 29 – Hyslop v. Deputy Head (Canada Border Services Agency)

  • Subject(s): Suspension

2019 FPSLREB 37 – Girard v. Canada Revenue Agency

  • Subject(s): Suspension – Termination Date

2019 FPSLREB 62 – Edwards v. Treasury Board (Canada Border Services Agency)

  • Subject(s): Sick leave – Personal-needs leave – Discrimination – Disability

2019 FPSLREB 72 – Touchette v. Deputy Head (Canada Border Services Agency)

  • Subject(s): Suspension reduced

2022 FPSLREB 94 – Menzies v. Deputy Head (Canada Border Services Agency)

  • Subject(s): Proportionality of the disciplinary action

Federal Court of Appeal decisions

The following are decisions of the Federal Court of Appeal. Click on each link for more information (you will be redirected to the FCA website).

2018 FCA 183 – Jane Doe v. Canada (Attorney General)

  • Judicial review of 2017 PSLREB 55
  • Subject(s): Compensation for victims of workplace sexual assault

Supreme Court decisions

The following are decisions of the Supreme Court of Canada. Click on each link for more information (you will be redirected to the Supreme Court’s website).

2020 SCC 28 – Fraser v. Canada (Attorney General)

  • Subject(s): Pension plan – Discrimination against women – Constitutional law

Occupational Health and Safety Tribunal Canada decisions

The following are OHSTC decisions.

2021 OHSTC 3 – Canada Border Services Agency v. Alexandre Buisson

Subject(s): Firearms – Workplace safety – Firearms instructors