SUPREME COURT OF CANADA - APPEALS HEARD
OTTAWA, 2005-02-10. THE SUPREME COURT OF CANADA ANNOUNCED TODAY THAT THE FOLLOWING APPEALS WERE HEARD ON FEBRUARY 10, 2005.
SOURCE: SUPREME COURT OF CANADA (613) 995-4330
COUR SUPRÊME DU CANADA - APPELS ENTENDUS
OTTAWA, 2005-02-10. LA COUR SUPRÊME DU CANADA A ANNONCÉ AUJOURD'HUI QUE LES APPELS SUIVANTS ONT ÉTÉ ENTENDUS LE 10 FÉVRIER 2005.
SOURCE: COUR SUPRÊME DU CANADA (613) 995-4330
COMMENTS / COMMENTAIRES : comments@scc-csc.gc.ca
1. Her Majesty the Queen ex rel Linda Merk v. International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 771 (Sask.) (Civil) (By Leave) (30090)
Coram: McLachlin / Major / Binnie / LeBel / Deschamps / Abella / Charron
RESERVED / EN DÉLIBÉRÉ
30090 Her Majesty the Queen ex rel Linda Merk v. International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 771
Statutes - Interpretation - Labour Standards Act, R.S.S. 1978, c. L-1, s. 74(1) - Whether the lower courts erred in their interpretation of the words "lawful authority" found in s. 74(1) of the Act.
Ms. Merk was the office manager and bookkeeper of the Respondent Union, although she was not a member of the union. She became concerned with the salary and expense payments claimed by two of her supervisors, Mr. Royer and Mr. Gumulcak. She spoke with Mr. Royer about the incident. Some time later, four union members wrote to the General President to complain. He assigned an investigator, who met with the union members as well as with Ms. Merk. On September 21, 2001, the executive board of the union authorized the termination of Ms. Merk's employment. On October 19, Ms. Merk wrote to the General President of the union a lengthy letter which contained many allegations against her supervisors and also advising that members of the union would go to the police if something was not done. On October 26, Ms. Merk and some members of the union did go to the police to report the conduct of the supervisors. On November 5, 2001, Ms. Merk received the letter of dismissal that had been previously drafted by the executive board.
Ms. Merk commenced a private prosecution against the Respondent, alleging that she had been dismissed contrary to s. 74(1)(a) of the Labour Standards Act, R.S.S. 1978, c. L-1.
On August 29, 2002, the Provincial Court of Saskatchewan dismissed the charge on the grounds that the Ms. Merk had been dismissed because she had contacted the General President of the union, and that he was not a "lawful authority" within the meaning of s. 74(1)(a) of the Act. On January 9, 2003, the Court of Queen's Bench overturned the decision on the ground that the trial judge had erred in finding that Ms. Merk had not been terminated because of her visit to the police. On October 21, 2003, the majority of the Court of Appeal set aside the judgment, Cameron J.A. dissenting.
Origin of the case: Saskatchewan
File No.: 30090
Judgment of the Court of Appeal: October 21, 2003
Counsel: Roger J.F. Lepage / Kerri A. Froc / Alison Mitchell for the Appellant
Roderick M. Gillies for the Respondent
Linda Merk Union Whistleblower Court Case on CPAC
Linda Merk, Trailblazer, Reformer, Our Hero Gets Her Day In Court
In 2002 MFD began to follow the case of a union whistleblower and her fight for justice.
Our story about Lind Merk, a former office manager of Ironworkers Local 771 in Regina Canada who was fired for being a whistleblower, was first posted in May 2002.
Merk and four members of the Local filed complaints with the commercial crimes section of the Regina Police in October of 2001. In November 2001 Merk was fired.
Members of the Ironworkers local expressed concerns about inappropriate billing, including Air Canada flights, car repairs for the business manager and rent cheques for the Local's president. The whistleblowers also raised concerns about "double dipping", a term used when someone is paid twice for the same expense.
Merk brought a charge against Local 771 under Section 74(1)(a) of Saskatchewan's Labour Standards Act, which makes it an offence to fire an employee for reporting wrongdoing to the authorities, but Saskatchewan Provincial Court Judge Janet McMurtry found Ironworkers Local 771 not guilty.
Merk appealed the ruling to the Saskatchewan Court of Queen's Bench which allowed the appeal and eventually convicted Ironworkers Local 771 of violating the Saskatchewan Labour Standards Act. Judge Bell concluded that Linda Merk was discharged because she reported or proposed to report the unlawful activity of her supervisors to the Regina Police. The case was remitted to the trial judge for sentencing and a ruling on Merk's request to be reinstated in her job.
The conviction of the Ironworkers Regina Local for misconduct is believed to be the first of its kind anywhere in Canada and a true triumph for reformers and especially for Linda Merk. If it were not for her integrity and determination there would never have been this milestone.
However Linda's journey was not over just yet. On January 22, 2003, the Ironworkers Union filed an application for leave to appeal to the Saskatchewan Court of Appeal and were successful in having the lower court's ruling overturned.
Justice now lies in the hands of the Supreme Court of Canada as Lind Merk was going to have her day at the Supreme Court of Canada.
Merk finally made it to the Supreme Court on February 10,2005 and is awaiting the final ruling.
We certainly hope that the Canadian judiciary is not prepared to give the Appeal Court's roadmap to injustice its seal of approval.
We know that the Saskatchewan Appeal Court's decision in Merk v. International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 771, 2003 SKCA 103 runs counter to a substantial tide of judicial authority in whistle blower cases in the United States.
Will Canada, where justice for workers who take a stand against corruption is still in its infancy, follow suit? Or will workers be required to submit to a shadow sub-judiciary where the rules and the rulings are meted out by the corrupt and the "lawful authorities" are out of reach to all but those who wish to risk their livelihoods and then some. We'll find out when Linda Merk gets the Supreme Court's decision.
Linda Merk, Trailblazer, Reformer our Hero informs MFD that her Supreme Court case will be airing this week on CPAC on Saturday, March 12 from 8am to 12pm Eastern. Linda Merk's case is the second one airing from 10:10am to noon (Eastern).
It will also be rebroadcast on CPAC Sunday, March 13 from 1a.m. to 5 a.m. Eastern.
CPAC is the only Canadian television channel with its entire program schedule live online, 24/7. CPAC was created by the cable industry in the Fall of 1992 as the Cable Parliamentary Channel, an experimental service whose primary mandate was to carry the House of Commons. In 1995, CPC was licensed by the CRTC as a national programming undertaking, and in 1996 re-launched as the Cable Public Affairs Channel to reflect an expanded schedule of unique public affairs programming.
Watch the entire case online: Her Majesty the Queen ex rel Linda Merk v. International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 771 on CPAC.
Thank you Linda Merk from the bottom of our hearts for all you have done for all workers. Your efforts shall never be forgotten no matter the outcome.
by aboutunions and remote viewer