Citation: Martel v Global Affairs Canada, 2025 PSDPT 01
Tribunal File: T-2025-01
Issued at: Ottawa, Ontario
Date: May 21, 2025
In the matter of an Application of the Public Sector Integrity Commissioner referred to the Public Servants Disclosure Protection Tribunal
BETWEEN:
The Public Sector Integrity Commissioner
(Applicant)
-and-
Patrick Martel
(Complainant)
-and-
Global Affairs Canada
(Former Employer)
ORDER ON THE FORMER EMPLOYER’S INFORMAL REQUEST FOR AN EXTENSION OF TIME TO FILE ITS STATEMENT OF PARTICULARS
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[1]CONSIDERING the Notice of Application of the Public Sector Integrity Commissioner (“Commissioner”) dated March 25, 2025, for a determination by this Tribunal of whether reprisals were taken against Patrick Martel (“Complainant”) by Global Affairs Canada (“Former Employer”) in accordance with subsection 21.4(1) of the Public Servants Disclosure Protection Act, SC 2005, c 46 (“Act”);
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[2]AND CONSIDERING the informal request of the Former Employer dated May 20, 2025, for an extension of time of 30 days to file its Statement of Particulars provided for under subrule 21(c) of the Public Servants Disclosure Protection Tribunal Rules of Procedure (SOR/2011-170) (“Rules”) (that is, until June 23, 2025), on the grounds that the Former Employer has recently retained new legal counsel within the Department of Justice who requires additional time to review the file before filing the Statement of Particulars;
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[3]AND CONSIDERING that the Commissioner takes no position on the Former Employer’s request;
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[4]AND CONSIDERING that the Complainant opposes the request, on the grounds that the Former Employer has been represented by the Department of Justice throughout and therefore additional time should not be necessary;
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[5]AND CONSIDERING that the Rules are to be liberally interpreted with the aim of ensuring that the proceeding is conducted as informally and expeditiously as the circumstances and considerations of fairness permit, that the rights of the parties are respected, and that the Tribunal may vary, or dispense with compliance with a Rule (Rules 2 and 3);
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[6]AND CONSIDERING that the extension of time request does not result in any prejudice to the Complainant and will allow the Former Employer a fair opportunity to present their position;
THE TRIBUNAL ORERS THAT:
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[7]The Former Employer’s request for an extension of time is granted and the Statement of Particulars shall be filed on or before June 23, 2025. The deadlines for the Commissioner’s and the Complainant’s replies, if any, are consequently extended to July 8, 2025.
DATED this 21st day of May, 2025.
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“Ann Marie McDonald” |
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Ann Marie McDonald |
PUBLIC SERVANTS DISCLOSURE PROTECTION TRIBUNAL
PARTIES OF RECORD
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DECISION NUMBER: |
2025 PSDPT 01 |
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TRIBUNAL FILE: |
T-2025-01 |
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BEFORE: |
The Honourable Justice McDonald |
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DECISION OF THE TRIBUNAL DATED: |
May 21, 2025 |
APPEARANCES:
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Josiane Houde Michèle Lacasse Marina Bishara Office of the Public Sector Integrity Commissioner of Canada, Legal Services Counsel |
For the Applicant |
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Patrick Martel Self-represented |
For the Complainant |
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Daniel Côté-Finch Mariangel Chang Department of Justice Canada Counsel |
For the Employer |