Canada ( Attorney General ) v. Public Service Alliance of Canada
A-685-92
Marceau, Desjardins, Létourneau JJ.A.
15/6/93
14 pp.
Application for judicial review of decision by Public Service Staff Relations Board which held applicant could not refuse to authorize posting of documents respondent wished to publicize -- Deputy Chairman of Board concluded nothing unlawful, wrongful or harmful to employer in documents and could have been posted -- Question presented mixed one of law and fact which involved, first, interpretation of clause of collective agreement, and second, assessment of situation of fact -- Test in clause M-9.01 of collective agreement simply requires reasonable belief by employer documents could be adverse to its interests -- Test of potential harm stated in clause M-9.01 both subjective and objective -- Whatever interpretation of said clause, hard to see what harm employer could reasonably suffer as result of posting of documents in question -- Although mistaken as to legal status of Treasury Board, Board took into account requirement Public Service shall be politically neutral in order to maintain public confidence in it -- Application dismissed.