HomeMy WebLinkAboutP-2014-2860 Jurkus.17-10-17 Decision
Public Service
Grievance Board
Suite 600
180 Dundas St. West
Toronto, Ontario M5G 1Z8
Tel. (416) 326-1388
Fax (416) 326-1396
Commission des
griefs de la fonction
publique
Bureau 600
180, rue Dundas Ouest
Toronto (Ontario) M5G 1Z8
Tél. : (416) 326-1388
Téléc. : (416) 326-1396
PSGB#P-2014-2860; P-2014-2861
IN THE MATTER OF AN ARBITRATION
Under
THE PUBLIC SERVICE OF ONTARIO ACT
Before
THE PUBLIC SERVICE GRIEVANCE BOARD
BETWEEN
Jurkus Complainant
- and -
The Crown in Right of Ontario
(Ministry of Community Safety and Correctional Services) Employer
BEFORE Marilyn Nairn Vice-Chair
FOR THE
COMPLAINANT
Andrew Camman
Polishuk Camman & Steele
Counsel
FOR THE EMPLOYER Paul Meier
Treasury Board Secretariat
Legal Services Branch
Counsel
SUBMISSIONS
RECEIVED
October 10 and 17, 2017
- 2 -
DECISION
[1] WHEREAS the Employer, with the Employee’s agreement, made a disclosure
request for Crown Brief records in R. v. Stephen Jurkus, Information No. 14-6454
as set out below (the “Records”) in respect of the above-noted grievance
arbitration matter before the Public Service Grievance Board (the “PSGB”);
[2] AND WHEREAS the Crown, in an exercise of pure Crown discretion, has agreed
to acquire the Records and perform a review of that documentation pursuant to
the principles enunciated in D.P. v. Wagg and other cases;
[3] AND WHEREAS to disclose the Records to the Employer and the Employee,
subject to the Wagg screening process, the Crown requires a production order
made by the PSGB that includes a sealing order so that the Records are not
made part of the public record;
[4] NOW THEREFORE, on consent of the Employer and the Employee in this
proceeding:
1. This Board orders that the Crown disclose the following Records to
Employer counsel, subject to the Wagg screening process, pursuant to the
Crown’s agreement in respect of this matter and pursuant to Rule 8(e) of
the PSGB’s Rules:
a. statements made by Mr. Stephen Jurkus, Mr. Stephen Brydges and
Mr. Gregory Langford from the Crown Brief;
2. This Board orders that counsel for the Employer share copies of the
Records disclosed by the Crown with counsel for the Employee forthwith
on receipt of same from the Crown; and
3. This Board orders that the Records will be sealed in this proceeding such
that they will not form part of the Board’s public record pursuant to the
PSGB’s powers under section 23(1) of the Public Service of Ontario Act,
2006, S.O. 2006, c. 35, Sched. A and section 25.0.1 of the Statutory
Powers Procedure Act, R.S.O. 1990, c. S.22.
Dated at Toronto, Ontario this 17th day of October, 2017.
_________________________
Marilyn A. Nairn, Vice-Chair