Brière v. Lang
T-1830-94
Rouleau J.
25/11/94
9 pp.
Application for interlocutory injunction ordering respondents to reinstate applicant in his position in Physical Security Section (PSS) with all rights and privileges-Applicant, member of RCMP since April 1973, received copy of transfer order signed by Inspector Lang transferring him to National Security Investigations Sub-Section-Applicant then presented grievance under Royal Canadian Mounted Police Act, ss. 31 et seq.-Applicant tried in vain to obtain stay of execution of transfer-Inspector Lang made decision under power invested in him by Act, ss. 2(3) and 5(2)-His decision that of "federal board, commission or other tribunal" and therefore subject to review by Court-According to legal authors and case law, injunction discretionary remedy not generally granted if another remedy available to applicant-In case at bar, applicant has remedy other than injunction to obtain reinstatement in former position-Did slowness of grievance process permit Court to ignore intention stated by Parliament in Act and intervene in this case?-Court will refuse to intervene when another remedy exists before lower tribunal that bears on same decision-Court should exercise duty of deference in respect of exclusive mechanisms Parliament has established for resolving labour relations conflicts-Court must not intervene herein-Application dismissed-Royal Canadian Mounted Police Act, R.S.C., 1985, c. R-10, ss. 2(3), 5(2), 31.