PSAC Pay Equity Bulletin

Federal government delays PSAC pay equity claim - again

Once again, the federal government would rather spend money on legal procedures than provide money for pay equity. The government obviously has not learned any lessons from its experience with the PSAC’s pay equity complaint on behalf of our Treasury Board members. Its attitude towards pay equity continues to be deny, delay, and wherever possible, appeal.

Last November, PSAC filed a statement of claim in the Federal Court-Trial Division, seeking pay equity on behalf of members working for a number of separate employers. The federal government then filed a motion seeking to have our claim dismissed before it was even heard.

The parties appeared in Court on May 23 after the first hearing date (March 27) was cancelled.

Counsel on behalf of the Attorney General of Canada argued that the PSAC’s challenge should not proceed for two reasons. One, that the matter should more properly be before the Canadian Human Rights Commission and, two, that the reasons claimed by PSAC for discrimination are not covered by Section 15 of the Charter.

PSAC refuted these arguments. Among other issues, the union’s counsel pointed out that the government was relying on bad law to prove its case. The option of a Charter challenge as opposed to a complaint to the Canadian Human Rights Commission has been affirmed by the Courts, with either option being available.

On August 14^th, the Federal Court denied the federal government’s motion to dismiss the PSAC’s statement of claim. The government has appealed the Court’s decision. Their appeal will be heard on October 23.

The PSAC’s statement of claim affects members employed by the Office of the Auditor General, the Canadian Security Intelligence Service, the Communications Security Establishment, the Social Sciences and Humanities Research Council, the Office of the Superintendent of Financial Institutions, Statistical Survey Operations and the Canadian Institutes of Health Research (formerly the Medical Research Council).

September 27, 2001