The court hears arguments in case #28849, Ontario Public Service Employees Union v. the Queen (Ontario Ministry of Community and Social Services), on February 13, 2003.
Jack R. White and Mohan Samaroo were each convicted of sexual assault and subsequently fired by their respective employers, both agencies of the Ontario provincial government. Their union, the Ontario Public Service Employees Union, grieved their dismissal to the Ontario Crown Employees Grievance Settlement Board. The Board ruled in both cases that the criminal convictions did not constitute conclusive evidence and that they were wrongfully dismissed. Upon judicial review, the Divisional Court quashed the decisions of the arbitrators. The Court of Appeal for Ontario dismissed the subsequent appeals of the Ontario Public Service Employees Union, a decision the union is now appealing to the Supreme Court.
Lawyer Mary Gersht presents arguments on behalf of the Crown. Lawyer Craig Flood replies on behalf of the Ontario Public Service Employees Union.
Also on the program, Supreme Court Justice Frank Iacobucci participates in a panel discussion at the Osgoode Hall Law School in Toronto in the spring of 2003. His remarks focus on the problem of seemingly conflicting rights under the Charter of Rights and Freedoms.