On May 2, 2024, in a substantial decision involving a CIU member, the Federal Court significantly reinforced the importance of procedural fairness for all parties involved in workplace violence and harassment investigations under the Workplace Violence and Harassment Prevention Regulations and the Canada Labour Code. Beyond being a sound victory for our members’ rights, this decision should serve as a clear wake-up call to the Agency to re-examine its internal investigative practices.
In Marentette v. Canada (Attorney General), 2024 FC 676, the Federal Court was unequivocal: Workplace Violence investigations must ensure a great level of procedural fairness for both the complainant and the respondent.
Thanks to this decision, elements such as the lack of opportunity given to respond to adverse evidence or testimony, along with the absence of analysis of evidence in a final report, have now been properly established as not meeting the threshold of procedural fairness. As per the Court, it is crucial that participants in an investigation be given the opportunity to review a preliminary report in order to rebut adverse evidence before conclusions on the investigation are completed.
Marentette v. Canada is a major win in the battle to see investigations of harassment and violence complaints completed in an impartial manner and evidence weighed transparently in final investigation reports. Since the release of the decision, CIU has approached CBSA’s NICE department in individual cases and has successfully advocated for the release of preliminary reports.
The CIU national leadership encourages union representatives at all levels to make sure members are receiving the benefits of this ruling. Branch Presidents should direct questions to their CIU Labour Representation Officer for guidance.
Read the full decision here: Marentette v. Canada (Attorney General), 2024 FC 676.