Public Service Alliance of Canada v. Canada ( Department of National Defence-Staff of Non-Public Funds, Canadian Forces-National Defence Headquarters )
T-2246-94
Noël J.
3/11/95
34 pp.
Application for judicial review of CHRT decision in matter of consent order settling complaint of systemic discrimination filed by PSAC on behalf of predominantly female Administrative Support Category of staff of Non-Public Funds, Canadian Armed Forces at National Defence Headquarters-Tribunal asked, pursuant to terms of consent order, to determine whether, in conformity with Commission's policy to seek pay equity adjustments up to one year prior to date of complaint, adjustments agreed to by parties for period beginning June 1, 1987 could be applied to period of February 12, 1986 to May 31, 1987-Tribunal misconstrued and misapplied doctrine of retroactive application of statutes by concluding doctrine precluded it from awarding pay adjustments for period preceding date of complaint-No such issue arose-Act containing no limitation in time to power of Tribunal to compensate victims of discrimination-Tribunal also found no factual basis upon which to award remedy sought-In light of evidence before Tribunal, reasonable for it to conclude as it did-Expert investigation and analysis inadequate and could not be used to independently establish extent of wage gap in prior period or as evidence corroborating Commission's assertion that conclusions of Commission's study could be transposed to prior period-Evidence that within established procedure giving rise to systemic wage discrimination, extent of wage difference at any point in time variable, and may only be determined with relative certainty by means of contemporary assessment-Application dismissed.