Reibin v. Canada ( Treasury Board )
T-1586-95
Noël J.
10/6/96
24 pp.
Application for judicial review of Adjudicator's decision to deny applicants' grievances under Public Service Staff Relations Act-Grievors employed with Health and Welfare Canada at Whitehorse General Hospital-Hospital transferred to Yukon Hospital Corporation-Adjudicator finding transfer not privatization but devolution within meaning of Work Force Adjustment Directive-Employees therefore not entitled to offer of appointment on indeterminate basis to position in Public Service within headquarters area-Applicants argue only way devolution could have occurred would be if hospital operation transferred to another level of government-On judicial review, Court will accord high degree of deference to Adjudicator's decision interpreting provision of collective agreement-However, Court need not accord deference to interpretation of legislation of general public interest other than constituting statute-In present case, adjudicator obliged to consider and interpret legislative framework governing Corporation and through which hospital transfer effected-Adjudicator's decision must be supportable on evidence-Although legislative framework surrounding transfer tends to show operation transferred to Corporation and not Yukon government, Adjudicator not erring in holding not privatization-Government appoints members of board of trustees, provides funding to Corporation and has power to approve or disapprove Corporation's by-laws-Also may intervene in operation of Corporation and has obligation to ensure programs run in accordance with Act-Sufficient indicia of direct state control to warrant conclusion Corporation not "private sector organization"-Application dismissed-Hospital Act, S.Y. 1989-90, c. 13.