Inmates participating in work programs not employees

Federal appeal | Employment

PUBLIC SERVICE

Inmates participating in work programs not employees

Applicant was member of Canadian Prisoners’ Labour Confederation (CPLC), which was organization of inmates of federal correctional institutions. Objective of CPLC was to compel Correctional Service of Canada to engage in collective bargaining with respect to terms and conditions under which inmates participated in institutional work programs. Officials of Correctional Service of Canada denied applicant and other organizers of CPLC right to sign up members at particular institution. Applicant submitted complaint to Public Services Labour Relations Board. Board concluded it had no jurisdiction to entertain complaint because inmates of federal correctional institution who participated in institutional work program were not employees as defined in s. 2(1) of Public Service Labour Relations Act (Can.), because they were not appointed by Public Services Commission to position created by Treasury Board. Board dismissed complaint without considering merits. Applicant applied for judicial review of board’s decision. Application dismissed. Board’s understanding of facts was open to it on evidence before it. Board’s analysis of jurisprudence and relevant statutory provisions was well explained and soundly reasoned. Inmates participating in work programs organized by Correctional Service of Canada had not been appointed to position in federal public service and were not employees within meaning of Act.
Jolivet v. Treasury Board (Correctional Service of Canada) (Jan. 7, 2014, F.C.A., K. Sharlow J.A., Mainville J.A., and Near J.A., File No. A-192-13) 236 A.C.W.S. (3d) 484.

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