Author Archives: Pierre St-Jacques

Phoenix: Damages ruled taxable as Treasury Board refuses to cooperate

After months of waiting, the Canada Revenue Agency (CRA) has rejected our request to review the taxability of Phoenix damages. This is directly due to Treasury Board’s refusal to provide CRA with a joint statement of facts which corrects CRA’s understanding of the purpose of our damages settlement agreement.

In an April 27 letter from the CRA, the Agency states:

As discussed in our meeting on February 3, 2021, we consented to reconsider our position only if the Employer and PSAC provided us with an agreed-upon statement of facts. As this did not happen, we have not considered any of the assertions in your draft statement of facts.

After numerous requests for Treasury Board’s cooperation, and direct appeals to Minister Duclos, they have refused any and all cooperation on the matter.

“It’s clear they’re still angry that PSAC forced them to deliver a better deal for our members,” said PSAC President Chris Aylward.

“They’re frustrated that they have to honour the top-up clauses signed with the other unions to match our general damages agreement, and now they’re taking it out on PSAC members by sabotaging attempts to get a positive tax ruling.”

Tell Minister Duclos to stop blocking CRA from reviewing their decision!

Our union carefully worded the agreement to reflect a wide range of impacts suffered by PSAC members, including for “stress, aggravation, and pain and suffering” and for the late implementation of collective agreements. There is a strong precedent of damages for those purposes being deemed non-taxable by CRA. The tax treatment of the general damages should reflect the purpose of that compensation as outlined in the agreement.

It is unacceptable that Treasury Board refuses to affirm these facts. Instead they informed CRA that the agreement’s purpose is to resolve a policy grievance between the employer and the union – something that may be true for other unions, but not for PSAC’s damages agreement.

We will not let this stand without a fight.

While we continue to explore every legal avenue to appeal CRA’s decision, please take a moment to join our efforts by sharing your outrage directly with Minister Duclos and the Prime Minister.

Our goal is to ensure all PSAC members receive the full compensation they deserve and that we avoid any time consuming and complex tax disputes for individual members. We are also pushing Treasury Board to expedite the availability of the claims process for all former members and retirees who are still waiting to receive their Phoenix general damages.

We will provide additional updates to members about this ongoing work as we move forward.

For more information about Phoenix damages, please check out our FAQ.

This article has also been posted on the PSAC website.

April 28 is the National Day of Mourning

Once again, on April 28, we will join over 100 countries in remembering those who lost their lives due to work-related causes. In the last year, workers around the world have had to contend with additional challenges posed by the COVID-19 pandemic, adding to the number of workplaces facing critical work and safety issues.

The Customs and Immigration Union attaches great importance to its members’ health and safety and we will continue to do everything we can to protect them from harm.

Given the dangers that so many workers are confronting, let us all observe a moment of silence at 11:00 a.m. on the National Day of Mourning.

Read the CIU National Office Memorandum regarding the National Day of Mourning.

CIU urges federal government to review travel exceptions

With the COVID-19 pandemic not showing signs of slowing down, CIU is calling upon the federal government to review current travel exceptions to better control the spread of new and existing coronavirus variants and protect Canadians everywhere.

While the Canadian government has put some measures in place to reduce the risks of COVID transmission, these have not prevented variants from spreading across the country. Several provinces are facing new challenges daily in coping with the pandemic, and more needs to be done to curb possible outbreaks and allow our overburdened healthcare system to catch up.

Frontline workers across the country, especially in the healthcare sector, are exhausted. Provincial governments are putting in place increasingly severe measures. Many Canadian workers are confronted with mounting uncertainty, and marginalized communities are being impacted disproportionately.

Yet, Border Services Officers throughout Canada continue to have to contend with frustrating situations, notably when it comes to large numbers of non-essential international flights still arriving every day at major airports, adding to the list of potential vectors of transmission. The reality is that, while we continue to grapple with the pandemic, any non-essential flight puts both our members and the Canadian public at an increased risk.

The ongoing pandemic is undoubtedly complex to manage for any country, especially one the size of Canada. However, this is all the more reason for the federal government to act decisively where it can and re-evaluate its policies regarding exceptions for entering the country during the pandemic. There may be situations where entry needs to be granted, but the government must carefully establish what these are in order to more effectively manage the current crisis — and not needlessly expose Border Services personnel and other frontline workers.

Paid 698 leave available for federal employees getting vaccinated

As the rollout of the COVID-19 vaccination begins to gain momentum, PSAC would like to remind all federal employees that they can request paid 698 leave to attend their vaccination appointment.

With the 698 leave, employees have access to up to a half-day of paid leave to attend a medical or dental appointment. This includes an appointment for vaccination, and time to travel to and from the vaccination site.

The paid leave is possible under a Treasury Board policy covering medical and dental appointments, but PSAC has been in discussions with Treasury Board to ensure that employees who are getting a vaccine that require a booster are also entitled to paid leave for the second vaccination.

However, since 698 leave is only available to employees of the federal government, we ask that provincial and territorial governments follow the federal Treasury Board example and not penalize employees by docking their pay when they protect themselves and their community by getting the COVID-19 vaccine. All workers, regardless of their jurisdiction, should be able to get vaccinated without worrying about their paycheques.

If you have any questions about your rights on the 698 leave, reach out to your local shop steward, your Component, or the PSAC regional office for help and support.

You can also consult our FAQ about your rights as an employee around COVID-19 screening and vaccination.

This article has also been posted on the PSAC website.

Guilty verdict in Floyd’s death important step towards police accountability

George Floyd mattered. George Floyd was loved and cherished by family and friends. George Floyd’s life had value and meaning. George Floyd mattered. Black lives matter.

Yesterday, former Minneapolis Police Officer Derek Chauvin was found guilty of murdering George Floyd while on duty. Many view this verdict as a key victory in the arduous and ongoing fight to end police violence. However, this verdict will not bring back George Floyd, it will not end the suffering of his family and friends, and it alone will not make Black people safer in their interactions with police.

The rate of police killings of Black Americans remains more than double that of white Americans and this deadly racism has not decreased in the months since George Floyd’s death. Just last week, Daunte Wright, a young Black man, was shot and killed after being pulled over by police. Justice still hasn’t been served in the case of Breonna Taylor, a Black woman killed in her home last year during a police invasion. Black people continue to live under the threat of ongoing oppression and racist violence.

Racism is just as pervasive in Canada. Racism is embedded in Canada’s education systems, health services, political system, in our workplaces, unions, and police services. A CBC investigative report, studying fatal encounters with police in Canada from 2000 – 2017, proved that race plays a significant factor in the use of deadly force. Though Black people make up only 8.3% of Toronto’s population, they represented 37% of deadly force victims. In Winnipeg, Indigenous people represent roughly 10.6% of the population, yet nearly two-thirds of victims over the same period. Just last year, Regis Korchinski-Paquet, a young Black woman, died following a police interaction in Toronto and her death remains under investigation. Black, Indigenous, and racialized people continue to fight for a future free from police violence and discrimination.

“This one guilty verdict does not dismantle a system built on white supremacy. The systemic racism that permitted a police officer to murder George Floyd must be addressed,” said PSAC National Executive Vice-President Sharon DeSousa.

We must continue the work to build anti-racist communities, institutions, unions and places of work. Through the tireless activism of Black people, the world took notice of George Floyd’s death and demanded change. The verdict in the Chauvin trial should not let us become complacent. Instead, it should be a rallying cry to continue to educate, organize and demand a society that recognizes that Black lives matter.

This article has also been posted on the PSAC website.