Shoan considering “options for appeal” after dismissal of second CRTC firing review

In a decision on Monday, a Federal Court judge dismissed an application by former CRTC commissioner Raj Shoan for a judicial review of his termination from the CRTC in the spring of last year. Justice James Russell found that there were enough grounds to fire Shoan without a harassment report — which was later set aside — that a previous judge determined could have made his dismissal unfair. After reviewing the original decision, Russell found that a rehash of Shoan’s first dismissal in 2016 was not required and the governor-in-council (GIC) “relied upon grounds the Applicant had already been given a fair opportunity to address. Those grounds were a reasonable basis for termination of the Applicant’s appointment.” In an email late Tuesday, Shoan's lawyer Craig Stehr said his client "is exploring his options for appeal." Shoan had asked for the initial order to fire him in 2016 to be set set aside, as well as a new order that would reinstate him as the Ontario CRTC commissioner for an additional term, according to the judgement. Originally, Shoan’s term at the CRTC ended early amid what Heritage Minister Mélanie Joly’s office characterized as inappropriate meetings with CRTC stakeholders, negative public statements, failure to adhere to the access to information act rules at the CRTC, and a lack of “collegiality” between Shoan and his CRTC co-workers stemming from an accusation of harassment against him, according to a order-in-council from June 2016. In April 2017, Justice Cecily Strickland then found that Shoan was potentially denied procedural fairness during his first firing three years into a five year term, and sent the decision back to the governor-in-council for reconsideration. In the spring of 2017, Shoan was terminated for a second time by an order-in-council from Joly, only a few days after being reinstated. Shoan appealed his second firing in June 2017. In an 85 page decision, Russell upheld the second instance of Shoan’s firing. The order-in-council pointed to two reasons for Shoan’s firing: the contact with CRTC stakeholders, as well as his not following the ATIP rules at the CRTC and his negative public statements. “n my view, the only evidence that is relevant to the May 4, 2017 Decision is evidence related to the grounds used (and both are separate and distinct reasons for termination) to terminate the Applicant at that time,” wrote Russell. He found that the harassment claim that was cited in the first dismissal did not play a role in the second firing, and that it was possible the governor-in-council could have come to the same conclusion without needing to reference the accusations of harassment — much the same as Strickland had determined in her decision last year. “I think it is fair to say that Justice Strickland left it to the GIC to determine how best to handle the redetermination while, at the same time, providing findings and observations that the GIC could reasonably take into account in deciding how to proceed in a procedurally fair and reasonable manner,” wrote Russell. Shoan had requested to review the details which surrounded his second firing, read the decision. He felt the proceedings were unfair, there was no notice given to him — therefore he could not respond to specific complaints — and the GIC did not provide him clear reasons for his dismissal. Russell said that the question before him was “whether it was procedurally fair and/or reasonable for the GIC to effect the May 4, 2017 termination by noting Justice Strickland’s analysis and findings, removing the objectionable grounds, and basing its Decision on the non-objectionable grounds without going through the whole process again,” wrote Russell. Shoan’s position at the CRTC as regional commissioner of Ontario was filled last November by Monique Lafontaine in an appointment by Joly. Lafontaine began her five-year term on Jan. 2, this year. CORRECTION: This story originally identified the court this was filed in as the Federal Court of Appeals. The case was filed in Federal Court. — With reporting by Bryson Masse at bmasse@thewirereport.ca and editing by Anja Karadeglija at akarad@thewirereport.ca

Shoan considering “options for appeal” after dismissal of second CRTC firing review

Broadcast | May 8, 2018

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Shoan considering “options for appeal” after dismissal of second CRTC firing review

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