PSAC Pension Fightback Campaign

Update - October, 2002

The court case continues

The PSAC’s case against the federal government for appropriating a $30-billion surplus in the federal public service superannuation plan is continuing its way through the legal process. The union’s position is that by passing the legislation giving it the surplus, the government violated its legal obligation to use the surplus in the best interest of federal public sector workers and retirees.

After their first technical challenge against the case failed, the Attorney-General asked that the unions named in the claim be removed as parties to the claim. This motion was granted and subsequently appealed by PSAC. That appeal was heard in the Ontario Court of Appeal on June 19, 2002 and the union is awaiting the decision.

Even if the PSAC is removed as a party, it will not affect the case which is proceeding in the names of National President Nycole Turmel, former National President Daryl Bean and former Regional Executive Vice-President (Ontario) Susan Giampietri.

In the meantime, the lengthy but necessary steps are being taken to bring the case to a hearing in the Ontario Superior Court. The PSAC has had a team of staff from various Branches reviewing current and archival files for relevant material. An extensive list of documents was delivered to the government on June 30^th.

The parties meet periodically in case management conferences which allow them to agree on the how the case will be conducted. The next one will be held on October 30, 2002. The following day, the government is to provide a full list of the documents it wants to be kept out of the case on the grounds that they have been used at Cabinet meetings and are therefore confidential.

Discoveries - a process during which the parties review the documents which they have produced for the case - have been tentatively scheduled for late January 2003. This can be a lengthy process as well given that there are literally thousands of documents in this case to review. On January 31, 2003, another case management conference will take place to schedule the next steps in the case.

It will obviously be some time before the case is actually heard in Court and a decision issued. When a decision is issued, any of the parties may decide to appeal it which would prolong the process.

The union will continue to publish updates as developments occur.