Supreme Court

Decision Information

Decision Content

                            IN THE SUPREME COURT OF NOVA SCOTIA

                                                               

   Citation: Nova Scotia (Justice) v. Nova Scotia Government and General Employees Union, 2004 NSSC 207

                                                               

                                                                                                           Date: 20041020

                                                                                                                              Docket: S.H. 220671

                                                                                                                                      Registry: Halifax

Between:

                                                   The Nova Scotia Department of Justice

                                                     representing Her Majesty the Queen

                                                   in Right of the Province of Nova Scotia         

                                                                                                                                                  Applicant

                                                                              and

 

Nova Scotia Government and General Employees Union

(Murray Munro) and William H. Kydd, QC

                                                                                                                                             Respondents

 

 

                                                              LIBRARY HEADING

 

Judge:           The Honourable Justice Gerald R. P. Moir

 

Heard:           17 August 2004

 

Subjects:      Judicial Review; Labour Arbitration; Standard of Review, Privilege, Relevancy, Discretion to Impose Lesser Penalty.

 

Summary:    The Department of Justice terminated a prison guards employment.  He had tolerated his wife growing a large crop of marijuana at home for her personal use.  The Corrections Act provides arbitrators a discretion to impose a lesser penalty where such seems just and reasonable to the arbitrator.  An arbitrator substituted a one year suspension without pay.  The Department sought review. 

 

Issues:            Arbitrator’s ruling on privilege.  His ruling on evidence of collateral grounds.  The exercise of his discretion.  Level of deference on each.

 

Result:            The ruling on privilege was to be accorded deference unless it caused a denial of natural justice, which was not the case.  The ruling on evidence of collateral grounds was correct, whatever the standard of review might be.  Based upon the tri-level, four factor approach to interpreting legislative intent as to deference, the exercise of discretion attracted the highest deference.  There were no grounds for interference.

 

 

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