Author Archives: Admin Staff

CIU asks CBSA to reinstate the three suspended officers from Manitoba

Following CBSA’s decision to suspend three members without pay, CIU sent a letter to CBSA President, Luc Portelance.

The disciplined officers were on duty at their port in Emerson, Manitoba, when an RCMP officer contacted the port with an urgent request for assistance to help apprehend a reportedly armed individual who was a suspect in a kidnapping and wanted on outstanding warrants.

While CIU writes it is committed to helping the suspended officers through the grievance process, it suggests that CBSA reinstate the officers with full back pay and proposes that a Joint Working Committee be formed to review the 2010 CBSA policy regarding assistance to law enforcement agencies.

CBSA’s removal of its female officers for religious travellers is unacceptable

A recent decision by the Canada Border Services Agency to remove female officers from their posts so that religious travellers can avoid being screened by female border officers is unacceptable, said the Public Service Alliance of Canada.

“As a woman, a federal public servant and a Canadian I find this not only objectionable but offensive,” said Robyn Benson, National President of the PSAC. “CBSA has an obligation to treat all of its employees equally”.

PSAC is consulting legal counsel to ensure that CBSA management is prevented from ever taking these measures again. Since this incident became public, our members have brought forward other cases of religious travellers being given special consideration.

PSAC/CIU members work on the front lines to protect Canadians. Decisions such as this undermine their ability to do their job and demonstrate yet again that CBSA is acting in an irresponsible and disrespectful manner towards its employees.

See CBC investigative piece including interview with Mark Weber, CIU Toronto Branch President.

CIU vows to support officers suspended for helping RCMP undertake arrest in Manitoba

Customs and Immigration Union (CIU) National President Jean-Pierre Fortin has confirmed the CIU will do everything in its power to overturn the discipline imposed last week by the Canada Border Services Agency (CBSA) on three Border Services Officers in Manitoba.

The three officers in question were on duty earlier this year at a local port of entry when an RCMP officer contacted the port with an urgent request for assistance to help apprehend a reportedly armed individual who was suspected in a kidnapping and wanted on outstanding warrants. In accordance with their understanding of ongoing inter-agency assistance protocols and s. 129(b) of the Criminal Code which requires such assistance when asked, the officers immediately responded as did the Superintendent on duty. Together with the RCMP they were successfully able to apprehend the individual in question. They were away from the port of entry, which remained staffed by three other officers, for approximately one hour. The incident was formally reported to CBSA senior management approximately 12 hours later. Following the incident, the RCMP formally thanked the CBSA officers in question.

Rather than commend the officers for their swift actions that helped keep the community safe, local CBSA management advised that the officers would be investigated for leaving the port of entry for an “unauthorized” purpose. Last week, CBSA imposed suspensions of between 4 and 25 days to the Officers.

CIU National President Fortin was emphatic in his support of the officers involved:

“These officers responded to a time-sensitive emergency request from a local RCMP officer to assist in the arrest of a reportedly armed suspect. Our Agency works in partnership with the RCMP and other law enforcement agencies on an ongoing basis and they also had a legal obligation to assist the officer pursuant to the Criminal Code.

CBSA’s decision to discipline our members contradicts our law enforcement and public service mandate to protect and serve.

The CIU will contest this matter on behalf of our members using every means available to us.”

Family status accommodation: Government will not appeal Johnstone case

The period in which the federal government could seek to appeal in the case of PSAC member Fiona Johnstone has closed. This brings to an end her long legal battle to gain accommodation for her childcare needs. The government finally seems to have recognized that working families need help.

In May the Federal Court of Appeal unanimously upheld a Canadian Human Rights Tribunal decision in Ms. Johnstone’s favour. The Canada Border Services Agency had refused to give her a fixed-shift schedule so that she could make arrangements for childcare. The case has been ongoing since 2005 when PSAC supported her complaint to the Canadian Human Rights Commission. The government was found to have breached its human rights obligations at every step in the process.

The Federal Court of Appeal confirmed that family status includes childcare and other legal family obligations.

While it recognized that there is a legal obligation to accommodate family status – the reality is it is still lacking for many working families.

There is still much work to be done to implement this and other family-friendly practices in the workplace.

CIU Obtains Interim Relief in the wake of CBSA’s communications on arming

CIU National President Jean-Pierre Fortin and CIU Labour Relations Officer Laurel Randle, represented by Chantal Homier-Nehmé, PSAC Legal Officer and Andrew Raven of Raven Law, participated in three days of mediation with respect to the Unfair Labour Practices complaint CIU/PSAC filed against TB/CBSA. The complaint was filed in May, shortly after the employer issued “Confirmation of Conditions of Employment” and “Questions and Answers” documents to members.

On August 1, the parties came to an agreement that upholds the collective agreement and provides our members with protection pending the interim hearing, scheduled for early September.

The employer has agreed to not place any employee on leave without pay as a result of that employee’s failure to pass any component of the arming training if that employee was hired prior to August 31, 2007 or that employee is unable to complete the arming training due to a Canadian Human Rights Act requirement. Agreement was also reached on limitations with respect to MMPI testing and on terms respecting members who have or will request to retire or be demoted. The parties have agreed to jointly review the “Questions and Answers” document prior to the interim hearing.