Canada (Treasury Board) v. Spinks and Threader, (1987) 79 N.R. 375 (FCA)

• Judge: Urie, Mahoney and Desjardins, JJ.
• Court: Federal Court of Appeal (Canada)
• Case Date: December 16, 1987
• Jurisdiction: Canada (Federal)
• Citations: (1987), 79 N.R. 375 (FCA)

Can. v. Spinks (1987), 79 N.R. 375 (FCA)

MLB headnote and full text

In The Matter Of an application to review and set aside, pursuant to Section 28 of the Federal Court Act, S.C. 1970, Chapter 1;

And In The Matter Of a decision of the Public Service Staff Relations Board rendered by Michael Bendel, Deputy Chairman, on the 22nd Day of December, 1986 respecting a grievance referred to adjudication under Section 91 of the Public Service Staff Relations Act

(P.S.S.R.B. File Nos. 166-2-15249 and 166-2-15264)

Her Majesty The Queen in Right of Canada as represented by Treasury Board (applicant) v. John H. Spinks and Jack G. Threader (respondents) and Public Service Staff Relations Board (mis-en-cause)

(A-791-86)

Indexed As: Canada (Treasury Board) v. Spinks and Threader

Federal Court of Appeal

Urie, Mahoney and Desjardins, JJ.

December 16, 1987.

Summary:

Spinks and Threader, employees of the federal government, were dismissed for organizing a company which operated seminars to provide information on doing business with the federal government. The employees grieved.

The Public Service Staff Relations Board allowed the grievances and ordered the reinstatement of the employees. The Crown applied for review.

The Federal Court of Appeal dismissed the application.

Labour Law - Topic 9174.6

Public service labour relations - Discipline of civil servants - Appearance of potential conflict of interest - Spinks and Threader, senior public servants, organized a company to operate seminars to provide information (already in the public domain) on doing business with the federal government - They notified their superiors of the intended activities - The Crown took disciplinary action "for an appearance of potential conflict of interest" - The Crown admitted that no actual or potential conflict of interest was involved (see paragraph 3) - The Federal Court of Appeal held that such circumstances did not give rise to an appearance of a conflict of interest (see paragraph 4).

Labour Law - Topic 9174.7

Public service labour relations - Discipline of civil servants - Intention to mislead superiors - Two public servants disclosed to their superiors that they had organized a company to operate seminars to provide information (already in the public domain) on doing business with the federal government - The Crown took disciplinary action on the ground that the public servants intended to mislead their superiors - The Federal Court of Appeal affirmed that the public servants did not intend to mislead their superiors (see paragraphs 8 and 9).

Labour Law - Topic 9174.8

Public service labour relations - Discipline of civil servants - Conflict of interest - Employer guidelines - The Federal Court of Appeal stated that the conflict of interest guidelines (see Annex I) for federal government employees applied to both business activities and business holdings (see paragraphs 6 and 46 to 52).

Words and Phrases

Employment - The Federal Court of Appeal discussed the meaning of the word "employment" in federal government conflict of interest directives (see paragraph 51).

Words and Phrases

Knowingly - The Federal Court of Appeal discussed the meaning of the word "knowingly" in federal government conflict of interest directives (see paragraphs 69 to 76).

Cases Noticed:

Threader and Spinks v. Canada, [1987] 1 F.C. 41; 68 N.R. 143 (F.C.A.), refd to. [paras. 4, 13 and 40].

Wheeler, Re, [1979] 2 S.C.R. 650; 26 N.R. 323, refd to. [para. 51].

Fraser v. P.S.S.R.B., [1985] 2 S.C.R. 455; 63 N.R. 161, refd to. [paras. 54 and 78].

Committee for Justice and Liberty v. National Energy Board, [1976] 2 F.C. 20; [1978] 1 S.C.R. 369; 9 N.R. 115, refd to. [para. 64].

R. v. Valente, [1985] 2 S.C.R. 673; 64 N.R. 1, refd to. [para. 64].

R. v. Collins, [1987] 1 S.C.R. 265; 74 N.R. 276, refd to. [para. 65].

Statutes Noticed:

Financial Administration Act, R.S.C. 1970, c. F-10, sect. 7(1)(f) [para. 45].

Canadian Charter of Rights and Freedoms, sect. 24 [para. 65].

Counsel:

Harvey A. Newman, for the applicant;

John P. Nelligan, Q.C., for John H. Spinks, respondent;

Andrew J. Raven, for Jack G. Threader, respondent.

Solicitors of Record:

F. Iacobucci, Q.C., Deputy Attorney General of Canada, Ottawa, Ontario, for the applicant;

Nelligan/Power, Ottawa, Ontario, for John H. Spinks, respondent;

Soloway, Wright, Houston, Greenberg, O'Grady, Morin, Ottawa, Ontario, for Jack G. Threader, respondent;

Public Service Staff Relations Board, Ottawa, Ontario, on its own behalf.

This appeal was heard by Urie, Mahoney and Desjardins, JJ., of the Federal Court of Appeal at Ottawa, Ontario on September 3, 1987.

The decision of the Federal Court of Appeal was delivered on December 16, 1987 and the following opinions were filed:

Mahoney, J. - see paragraphs 1 to 10;

Desjardins, J., dissenting - see paragraphs 11 to 81.

Urie, J., concurred with Mahoney, J.