The application of special constables to have more employees in the palace of justice was dismissed by the superior Court

News 22 February, 2018
  • Archival Photo Chantal Poirier

    Kathleen Frenette

    Thursday, 22-feb-2018 18:06

    Thursday, 22-feb-2018 18:06

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    The special constables wishing to have more employees in the palace of justice to ensure the safety of people have seen their request for declaratory judgment be dismissed by the superior Court.

    For judge Jean-François Émond, the “vehicle” used by the constables to clarify the article 33 of the rules of the Court of Québec stating that the employer “may make the call to security agents in sub-contracting’ was not the right one.

    According to him, “a request for declaratory judgment may not be the opportunity to decide a quarrel, a dispute, a dispute or a disagreement, expressly or implicitly, or even indirectly, relates to the interpretation, application, administration or non-performance of a collective agreement”.

    In a written judgment, of a dozen pages, the magistrate mentions that such a claim “would be rather in the competence of an arbitrator in grievances”.

    Also, in the beginning of the hearing, the judge Émond was clearly positioned on this subject, in the presence of the parties and their lawyers.

    “In the case, (…) the Court cannot rule on a request which is of the competence of a referee,” added the judge.