• CASES

    Search by

Pothier c. Canada (Procureur général)

- Parties: The applicant was Michel Pothier. The respondent was the Procureur général du Canada. 

- Subject Matter: The applicant filed a complaint alleging harassment and violence in the workplace against his employer. He alleged that, between 1998–2017, his employer intimidated and threatened him and belittled and minimized his work. The applicant then filed a new complaint challenging an external investigation report prescribed by the procedure provided in the Canada Labour Code, 1985. The employer refused to reinvestigate the workplace violence allegations upon finding no impartiality or procedural fairness breach in the external investigation. On Feb. 24, 2020, the Local Health and Safety Committee decided not to authorize a new investigation into the applicant’s complaint. 

- Ruling: The court partly granted the judicial review application. The court canceled the committee’s decision and investigation report dated Feb. 24, 2020 and returned the applicant’s complaint for a reexamination by a newly constituted committee. The court found the committee’s refusal to accept the second complaint unreasonable because its decision failed to address all the arguments alleging a breach of procedural fairness in the external investigation. Ultimately, however, the court said that it could not grant the essential remedies that the applicant sought in his judicial review application. 

- Date: The hearing was set on Oct. 24, 2023. The court released its decision on Mar. 26, 2023. 

- Venue: This was a federal case before the Federal Court. 

- Amount: The court awarded no costs given the applicant’s partial success. 

Michel Pothier
Law Firm / Organization
Unrepresented
Procureur général du Canada
Law Firm / Organization
Department of Justice Canada
Lawyer(s)

Patrick Turcot

Federal Court
T-325-20
Labour & Employment Law
Not specified/Unspecified
Other
02 March 2020