Horn v. Canada
T-2756-91
Joyal J.
28/1/94
14 pp.
Motion for determination of question of law concerning Charter violation in workers' compensation scheme in which beneficiary barred from initiating tort action against employer -- (1) Whether Government Employees Compensation Act (GECA), s. 12 and Crown Liability Act, s. 9 barring any claim, action, or proceeding, arising out of injuries suffered by plaintiff -- (2) If so, whether bar on plaintiff's claim removed as in violation of Charter, ss. 7, 15(1) -- Whether plaintiff having right to sue employer for non-economic loss suffered as result of injury -- Plaintiff, machine operator at Canadian Forces Base, Winnipeg, severely injured by snowblower operated by defendant Forrest -- Since accident, plaintiff compensated under GECA -- Compensation continues to be paid by Manitoba Workers' Compensation Board, pursuant to GECA, s. 4 -- Workers' compensation scheme's advantages, including no-fault compensation, subject to bar of employee to sue employer -- Charter, s. 15(1) not violated by barring provision of Workers' Compensation Act -- Differential treatment based on employment status, as status limits injured employees' ability to bring tort actions, not form of discrimination analogous to those specifically enumerated in Charter, s. 15(1) -- Fact no provision for non-economic loss in GECA not enough to distinguish S.C.C. decision in Reference Re Workers' Compensation Act, 1983 (Nfld.), [1989] 1 S.C.R. 922 where Act found not in violation of Charter, s. 15(1) -- Advantages such as quick payment and no-fault coverage overcoming any disadvantage of not being able to sue, therefore Act not discriminatory and s. 15(1) not violated -- Charter, s. 7 issue decided in case law mainly on ground civil right to sue proprietary right not protected by any section of Charter -- Right to sue not included within rights of Charter, s. 7 and therefore, no Charter violation occurred -- (1) Employee cannot sue employer if receiving compensation under Act -- (2) GECA, s. 12 violating neither Charter, s. 15(1) nor s. 7 -- Question of law determined in favour of defendants -- Government Employees Compensation Act, R.S.C., 1985, c. G-5, s. 12 -- Crown Liability Act, R.S.C., 1985, c. C-50, s. 5 -- 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], ss. 7, 15(1).