Public Service Alliance of Canada v. Canada Post Corp.

2011 SCC 57 [2011] 3 SCR 572 Court SCC Decision date 2011-11-17 Docket 33668, 33669, 33670 English

PartiesPublic Service Alliance of Canada Appellant·Canada Post Corporation and Canadian Human Rights Commission Respondent

Judges McLachlin, Beverley; LeBel, Louis; Deschamps, Marie; Fish, Morris J.; Abella, Rosalie Silberman; Rothstein, Marshall; Cromwell, Thomas Albert; Moldaver, Michael J.; Karakatsanis, Andromache

Delivered by McLachlin C.J. (LeBel, Deschamps, Fish, Abella, Rothstein, Cromwell, Moldaver and Karakatsanis JJ. concurring)

On appeal from Federal Court of Appeal

Subjects Constitutional law

Contents

Reasons for Judgment — McLachlin C.J. (LeBel, Deschamps, Fish, Abella, Rothstein, Cromwell, Moldaver and Karakatsanis JJ. concurring)

The Chief Justice ― I turn first to the appeals on the merits of the case (33668 and 33670). We all agree with the dissenting reasons of Evans J.A., which comprehensively address the issues on these appeals. We would allow these appeals, with costs to Public Service Alliance of Canada in this Court and below.

This leaves Public Service Alliance of Canada’s appeal from the Canadian Human Rights Tribunal’s reduction of damages (33669). We are all of the view that this appeal should be dismissed, again for the dissenting reasons of Evans J.A., with costs to Canada Post Corporation in this Court and below.