News release

May 9, 2005

PSAC wins victory in Federal Court of Appeal
on issue of safety of Parks wardens

OTTAWA - The decision of an appeals officer in the Labour Program of Human Resources and Skills Development Canada (HRSDC) that law enforcement duties performed by federal park wardens were not dangerous has been called “patently unreasonable” by the Federal Court of Appeal.

The Public Service Alliance of Canada asked the Federal Court of Appeal in October 2003 to send the issue back to the appeals officer for redetermination with regard to the proper definition of “danger” under the Canada Labour Code. The Court found in favour of PSAC on Friday, May 6, 2005 .

“We have always maintained that park wardens are in danger when carrying out law-enforcement duties, which can entail dealing with individuals that may react violently,” says PSAC Regional Executive Vice-President for British Columbia Patty Ducharme. “This latest decision by the Court forces the appeals officer to take another look at this issue and come up with some direction to protect wardens in their duties.”

In February 2001, a Health and Safety Officer with HRSDC Labour Program found that law-enforcement duties of park wardens place them at risk of grievous bodily harm or death. He ordered Parks Canada to take measures to protect them and to suspend all activities that constitute these dangers. However, this decision was overturned by an appeals officer in May 2002, saying that there was no evidence that danger, as defined in the Canada Labour Code, existed in performing law-enforcement duties. The Federal Court upheld this decision in October 2003, which PSAC appealed to the Federal Court of Appeal.

“In the last four years, the PSAC has been fighting for proper protection for national park wardens, whose duties include law enforcement,” says PSAC Regional Executive Vice-President for the Atlantic Jeannie Baldwin. “The PSAC is pleased with the decision as it has positive health and safety implications for all federally regulated workplaces. We’re determined to carry on with this fight for an appropriate interpretation of danger in the Canada Labour Code.”

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For information: Joselito Calugay, PSAC Communications Officer, (613) 560-4235 or (613) 293-9324