Fardella v. Treasury Board of Canada, (1974) 5 N.R. 571 (FCA)

• Judge: Jackett, C.J., MacKay, D.J. and Sweet, D.J.
• Court: Federal Court of Appeal (Canada)
• Case Date: June 26, 1974
• Jurisdiction: Canada (Federal)
• Citations: (1974), 5 N.R. 571 (FCA)

Fardella v. Treasury Bd. of Can. (1974), 5 N.R. 571 (FCA)

MLB headnote and full text

Fardella v. Treasury Board of Canada

Indexed As: Fardella v. Treasury Board of Canada

Federal Court of Appeal

Jackett, C.J., MacKay, D.J. and Sweet, D.J.

August 1, 1974.

Summary:

This case arose out of a grievance following the dismissal of a federal government employee for insubordination. The grievor was a child care worker employed through the Department of Indian Affairs at a residence for Indian boys at La Tuque, Quebec. The grievor refused to require attendance by a group of boys in his care at chapel services on Sunday mornings. The chapel services were conducted by the Anglican Church of Canada. After repeated requests by the superior of the grievor the employment of the grievor was terminated for his refusal to take the group of boys in his care to chapel services on Sunday mornings. Following his dismissal the grievor presented a grievance for adjudication pursuant to the provisions of the Public Service Staff Relations Act. The adjudicator held that the grievor was not justified in refusing to obey the order of his superior.

The grievor then appealed the decision of the adjudicator to the Public Service Staff Relations Board. The Public Service Staff Relations Board affirmed the decision of the adjudicator - see paragraph 14. The Public Service Staff Relations Board stated that the order given to the grievor by the grievor's superior respecting the attendance of the boys at chapel services was legal and did not abridge or infringe the grievor's right of religious freedom.

The grievor then applied to the Federal Court of Appeal pursuant to s. 28 of the Federal Court Act to set aside the decision of the Public Service Staff Relations Board. The application by the grievor was dismissed. The Federal Court of Appeal affirmed the decision of the Public Service Staff Relations Board that the grievor was not justified in refusing to obey the order of his superior with respect to the attendance by the group of boys at Sunday chapel services.

The Federal Court of Appeal stated that such compulsory church attendance was not an abridgment of freedom of religion in the absence of evidence that such attendance was contrary to the child's religious beliefs - see paragraphs 17 and 19.

The Federal Court of Appeal stated that the holding of denominational church services in a residence for Indian children operated by the federal government was not in itself illegal - see paragraphs 17, 18 and 47.

Labour Law - Topic 9155

Public service labour relations - Discipline and dismissal of civil servants - Validity of a dismissal for insubordination - The employment of the grievor as a child care worker was terminated for a refusal by the grievor to take a group of boys to chapel services on Sunday mornings - The Federal Court of Appeal affirmed a decision of the Public Service Staff Relations Board that the grievor was not justified in refusing to obey the order of his superior which required attendance by the boys at Sunday chapel services - The Federal Court of Appeal affirmed the dismissal of the grievor.

Labour Law - Topic 9128

Public service labour relations - Adjudication of grievances by adjudicators - Jurisdiction of adjudicators - Public Service Staff Relations Act, s. 91 - What constitutes "disciplinary action resulting in discharge, suspension or financial penalty" - The probationary employment of a child care worker was terminated for insubordination - The Federal Court of Appeal affirmed the adjudicator's jurisdiction and stated that the child care worker was discharged as a result of disciplinary action - See paragraphs 6 and 20.

Civil Rights - Topic 406

Freedom of religion in federal government institutions - Compulsory attendance by Indian children at denominational church services - The Federal Court of Appeal stated that such compulsory attendance was not an abridgement of freedom of religion in the absence of evidence that such attendance was contrary to child's religious beliefs - See paragraphs 17 and 19.

Civil Rights - Topic 408

Freedom of religion in federal government institutions - Holding of denominational church services in a residence for Indian children operated by the federal government - The Federal Court of Appeal stated that the holding of such services was not in itself illegal - See paragraphs 17, 18 and 47.

Cases Noticed:

Robertson and Rosentanni v. The Queen, [1963] S.C.R. 651, folld. [paras. 16, 32].

Saumur v. City of Quebec, [1953] S.C.R. 299, folld. [para. 31].

R. v. Drybones, [1970] S.C.R. 282, refd to. [para. 44].

Statutes Noticed:

Canadian Bill of Rights, R.S.C. 1970, Appendix III, sect. 1(c), sect. 2 [para. 16].

Public Service Staff Relations Act, R.S.C. 1970, c. P-35, sect. 91.

Indian School Residence Administrators and Child Care Workers Employment Regulations, sect. 5 [para. 20].

Counsel:

J.S. Midanik, Q.C., for the applicant;

M. Bonner, for the respondent.

This appeal was heard by the Federal Court of Appeal at Ottawa, Ontario, on June 26, 1974. Judgment was delivered by the Federal Court of Appeal on August 1, 1974 and the following opinions were filed:

JACKETT, C.J. - see paragraphs 1 to 20.

SWEET, D.J. - see paragraphs 21 to 57.

MACKAY, D.J., concurred with JACKETT, C.J.