A decision was issued today by the Honourable Danièle Tremblay-Lamer of the Federal
IN THE MATTER OF UNION OF POSTAL WORKERS v. CANADA POST
CORPORATION et al
Summary:
This is an application for judicial review by the Union of Postal Workers (the
“Union”) against the decisions of the arbitrator of final offers, Mr. Guy Dufort, not to
recuse himself on grounds of a reasonable apprehension of bias.
Mr. Dufort was appointed by the Minister of Labour under the
Restoring Mail Delivery
for Canadians Act
, which was passed due to the labour dispute between Canada Post
Corporation (“Canada Post”) and the Union. After his appointment, Mr. Dufort informed
the parties that he had been a prosecutor for Canada Post during the pay equity dispute
from 1998 to 2003 and that he had been involved with the Conservative Party of Canada
until 2010. The Union requested the arbitrator’s recusal on those grounds.
In light of the unique context of labour relations and the special Law, the Court concludes
that a reasonable and sensible person might worry that the arbitrator is biased because of
these two reasons.
The Court allows the judicial review, orders the arbitrator, Mr. Dufort, to recuse himself,
and orders the Minister to appoint a new arbitrator.
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The Reasons for Judgment are available only in French. The production of the Reasons
for Judgment in both official languages would create a delay, unacceptable in the
circumstances, as well as a prejudice to the parties implicated in the file. A summary of
the conclusions is available in English. A certified translation will be issued as soon as
possible.
A copy of the decision can be obtained via the Web site of the Federal Court: http://casncr-
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Andrew Baumberg
Media Contact / Liaison avec les Médias
Federal Court / Cour fédérale
Tel. / Tél. : (613) 947-3177