Orders

Citation: El-Helou v. Courts Administration Service, 2011 PSDPT 9

Tribunal File No. T-2011-01

Date: 20110823

Ottawa, Ontario, August 23,2011

The Honourable Mr. Justice Martineau, Chairperson

Public Servants Disclosure Protection Tribunal

BETWEEN:

Charbel El-Helou

Complainant

-and-

Courts Administration Service

and

David Power

and

Éric Delage

Respondent(s)

ORDER GRANTING INTERESTED PARTY STATUS IN RESPECT OF THE COMPLAINANT’S MOTION FOR AN ORDER REGARDING THE TRIBUNAL’S JURISDICTION

UPON THE MOTION of Laurent Francoeur, Francine Côté and Eric Cloutier (the interested parties) dated August 5^th, 2011 and filed with the Public Servants Disclosure Protection Tribunal (the Tribunal) on August 11^th, 2011, for the granting of interested party status in respect of the motion of Charbel El-Helou dated July 15^th, 2011 for an order confirming the Tribunal’s jurisdiction to deal with all reprisals alleged in the complaint;

CONSIDERING that an Application has been made by the Public Sector Integrity Commissioner of Canada (the Commission) pursuant to subsection 20.4(1) of the Public Servants Disclosure Protection Act, S.C. 2005, c., 46 to the Tribunal for a determination of whether or not a reprisal was taken against the complainant;

CONSIDERING that Mr. El-Helou has requested an order confirming the Tribunal’s jurisdiction to deal with all reprisals alleged in this complaint;

CONSIDERING that this motion was made pursuant to Rules 12 and 13 and following of the Public Servants Disclosure Protection Tribunal Rules of Procedure, published in the Canada Gazette Part I on May 21^st, 2011;

CONSIDERING that the interested parties intend to argue that the Tribunal does not have the jurisdiction to adjudicate the allegations made against them in the complaint;

CONSIDERING that the interested parties’ position in respect of the complainant’s motion will not otherwise be represented before the Tribunal and that the interested parties intend to argue that this violates the principles of natural justice; and

CONSIDERING that all parties consent to this motion and having reviewed the draft consent order submitted on August 12, 2011.

THE TRIBUNAL ORDERS that:

1. Laurent Francoeur, Francine Côté and Eric Cloutier are hereby added as interested parties in respect of the motion of Charbel El-Helou dated July 15th, 2011; and

2. The interested parties may not participate in other matters unless seeking leave and obtaining the permission of the Tribunal.

“Luc Martineau”