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 guard’s 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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