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AWARDS - Enforcement

Tuesday, November 05, 2019 @ 6:23 AM  

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Appeal by Hong from the dismissal of his application for an order of mandamus to compel the RCMP to implement a grievance decision. The appellant filed an application with the RCMP for acceptance into its forensic training program. Prior to the completion of the selection process, the appellant’s application was rejected. The appellant’s grievance was upheld. The RCMP placed the appellant in the current selection process. The Federal Court found mandamus was not appropriate as the RCMP had already complied with the grievance decision by placing the appellant back in the selection process.

HELD: Appeal dismissed. The Federal Court did not give deference to the RCMP’s interpretation of the adjudicator’s decision. It did not misinterpret the terms of the adjudicator’s order. The adjudicator’s reasons and the record as a whole amply supported the conclusion that the appellant had to complete the selection process. The adjudicator did not direct the RCMP to place the appellant directly in the training program. No reviewable error was made and there was no reason to intervene.

Hong v. Canada (Attorney General), [2019] F.C.J. No. 1117, Federal Court of Appeal, D.J. Rennie J.A. and J.M. Woods A.C.J. and J.B. Laskin J.A., October 1, 2019. Digest No. TLD-November42019004