LABOUR RELATIONS
Judicial review of Adjudicator’s decision ordering applicant to disclose to respondent annual salary of one of its employees—Applicant seeking order quashing decision, declaring Adjudicator functus officio—Applicant employing respondent as teacher until dismissal on September 2, 2003—Respondent complaining unjustly dismissed under Canada Labour Code, s. 240(1)—In first order, Adjudicator finding unjust dismissal, ordering applicant to pay monetary compensation to respondent in amount equalling salary paid to employee replacing her—Since applicant had not complied with first order, Adjudicator issuing second order (subject of judicial review) directing applicant to disclose to respondent salary paid to replacement—Third order withdrawing second order—Whether Adjudicator had jurisdiction to order award in amount equal to salary paid by applicant to replacement —Applicant not able to challenge findings in first order since period in which to seek judicial review expired, Court already dismissed motion for order extending time in which to file application for review—Merits of Adjudicator’s decision on quantum award not assessed—Second order withdrawn by Adjudicator so that legality of order moot—Whether Adjudicator had jurisdiction to order applicant to disclose to respondent amount of salary paid to replacement—Interplay of Code, ss. 242(2)(c), 16(a),(b) resulting in Adjudicator’s powers falling within meaning of Personal Information Protection and Electronic Documents Act, s. 7(3)(c)(i)—S. 7(3)(c)(i) permitting disclosure of personal information without knowledge or consent of individual if disclosure required to comply with order of person with jurisdiction to compel production “required by law”—Adjudicator could compel disclosure of salary paid to replacement during relevant period as basis for compensation owed respondent—Whether Adjudicator functus officio at time of second order—Whether and at what point adjudicator appointed under Code, s. 242(1) becoming functus officio turning on circumstances of individual cases, specifically on extent to which complaint resolved i.e. whether complaint finally determined—Fact Adjudicator did not specify means by which information of replacement’s salary would be disclosed not making quantum any less final—Adjudicator’s first order final decision on complaint—Adjudicator exhausting statutory powers, becoming functus officio—Not retaining jurisdiction thereafter to make further orders in respect of respondent’s now complete complaint—Respondent arguing third branch of Code, s. 242(4)(c) conferring jurisdiction upon adjudicator to make “collateral” orders as necessary to ensure enforcement of decision—Statutory provision relied upon cannot be so broad as to confer upon adjudicator powers of judgment enforcement otherwise reserved for courts—Only judiciary independent of state can sanction detention, otherwise authorize state’s coercive intrusion on citizen’s person—Adjudicator appointed by Minister of Labour, delegate not retaining independence inherent in courts constituted by Constitution Act, 1867, ss. 96, 101—Correct interpretation of labour dispute resolution scheme provided for in Code, ss. 240‑244 that in which adjudicator’s final decision may be registered in, enforced by Federal Court pursuant to lawful exercise of in personam jurisdiction—Whether matter in exclusive jurisdiction of Federal Court upon registration of decision in Court Registry under Code, s. 244—First order filed registered in Federal Court, having force, effect of order issued by Justice of Federal Court, may be so enforced—Complaint no longer within purview of Adjudicator—Application dismissed— Canada Labour Code, R.S.C., 1985, c. L‑2 ss. 16 (as am. by S.C. 1998, c. 26, s. 6), 240 (as am. by R.S.C., 1985 (1st Supp.), c. 9, s. 15) , 241, 242 (as am. idem, s. 16; S.C. 1998, c. 26, s. 58), 243, 244 (as am. by S.C. 1993, c. 42, s. 34(F))—Personal Information Protection and Electronic Documents Act, S.C. 2000, c. 5, s. 7—Constitution Act, 1867, 30 & 31 Vict., c. 3 (U.K.) (as am. by Canada Act 1982, 1982, c. 11 (U.K.) Schedule to the Constitution Act, 1982, item 1) [R.S.C., 1985, Appendix II, No. 5], ss. 96, 101.
Fishing Lake First Nation v. Paley (T‑606‑05, 2005 FC 1448, Kelen J., order dated 26/10/05, 24 pp.)