Application by respondent seeking order to transfer underlying judicial review application to Federal Court of Appeal — Application relating to decision of member of Federal Public Sector Labour Relations and Employment Board (2021 FPSLREB 59) regarding individual grievance referred to adjudication — Document header stating matter “[b]efore a panel of the ... Board” [emphasis added] — However, there were indications member’s decision rendered in their capacity as “adjudicator” rather than as panel of FPSLREB — Issue before member was jurisdiction thereof to hear grievance, given provisions of Federal Public Sector Labour Relations Act, S.C. 2003, c. 22, s. 2 (FPSLRA), s. 211 — Applicant submitting term “adjudicator” in FPSLRA, s. 2(1), not applying here — Whether Federal Court of Appeal having jurisdiction to hear applicant’s application for judicial review — Federal Courts Act, R.S.C., 1985, c. F-7, s. 28(1)(i.1), conferring jurisdiction on Federal Court of Appeal to review decisions of adjudicators within meaning of FPSLRA, s. 2(1) — Federal Court of Appeal having exclusive jurisdiction to review decision whether decision maker acting as adjudicator of FPSLREB or panel of FPSLREB, regardless of whether respondent citing s. 28(1)(i.1) — FPSLRA, ss. 223 to 235, dealing with conduct of adjudication, applying to all grievances, whether individual grievances, group grievances or policy grievances — Adjudicator dealing with individual grievance under FPSLRA, ss. 223(2)(a), (b) or (c), adjudicator within meaning of s. 2(1) of FPSLRA — Therefore adjudicator within meaning of Federal Courts Act, s. 28(1)(i.1) — In any case, if s. 223(2) not applying, FPSLREB seized of grievance — In either case, Federal Courts Act, s. 28, applying, Federal Court lacking jurisdiction — Motion granted; application for judicial review transferred to Federal Court of Appeal.
Rouet v. Canada (Justice) (T-1028-21, 2021 FC 867, McHaffie J., reasons for order dated August 24, 2021, 9 pp.)