Townsend v. Canada
T-802-93
Tremblay-Lamer J.
17/2/94
9 pp.
Application to strike out amended statement of claim on ground disclosing no reasonable cause of action -- Plaintiff making cross-motion for order amending statement of claim to include allegation of infringement of Charter, ss. 7, 12 -- Plaintiff, employed by Department of National Defence, on sick leave since 1990 -- Alleging constructive dismissal -- Claiming continual harassment, humiliation from co-workers -- As consequence of inability to work due to damage to mental health, plaintiff claiming lost wages, other benefits as compensation -- No reasonable cause of action -- No action for wrongful constructive dismissal against Crown -- Recourse to alternative bodies bar to court action -- Allegation of general harassment should be addressed through collective agreement providing remedial procedure -- Appropriate recourse for sexual harassment complaint through Canadian Human Rights Act -- Allegation of language discrimination to be investigated by Commissioner of Official Languages -- Federal Court competent to hear allegation of Charter infringement -- As no "governmental action" involved, Charter not applicable: Charter, s. 32 -- Action based on Charter, s. 7 having no chance of success and therefore pleadings relating thereto in amended statement of claim struck -- Type of acts with which plaintiff takes issue not falling within definition of Charter, s. 12 set out in R. v. Smith (Edward Dewey), [1987] 1 S.C.R. 1045 and therefore disclosing no reasonable cause of action -- Cross-motion to amend statement of claim granted -- Motion to strike statement of claim as amended granted -- 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, 12, 32.