Two former union leaders have had their Ontario Superior Court of Justice challenge of suspensions by the Public Service Alliance of Canada dismissed on jurisdictional grounds, stifling their efforts to seek re-election.
Eddy Bourque and Sargy Chima, the former president and vice-president of the Canada Employment and Immigration Union (CEIU), challenged the move by PSAC after the suspensions led to their being ousted from their leadership roles.
Justice Karen Perron’s decision says that “Although the term of both suspensions is now over, Mr. Bourque and Ms. Chima have not been reinstated in their previous offices even though their elected terms were for a period of three years, which terms expire on or about September 2026.”
Bourque and Chima filed civil actions against PSAC and CEIU in April seeking an interlocutory injunction to reinstate them as president and vice-president along with damages for negligence and defamation.
In her decision, Perron acknowledged the time sensitivity of the case because, if Bourque and Chima were reinstated, they could attend CEIU conventions as delegates, which would carry with it the right to vote and to seek re-election.
However, Perron ruled that the Ontario court “has no jurisdiction over the dispute” and instead that the appropriate forum for the dispute was the Federal Public Sector Labour Relations and Employment Board.
“There are adequate remedies for the plaintiffs within the governing statutory scheme,” Perron said.
Perron added that the labour board had the ability to “reinstate the plaintiffs in their elected positions,” “rescind their suspensions” and also “order that damages be paid to compensate for financial losses.”
The labour board could also order an expedited hearing, Perron said.
The CEIU triennial convention will take place in mid-September, and elections will be held at that time.
Bourque and Chima were suspended following internal complaints after the 2023 PSAC strike that led to an internal investigation and a disciplinary process.
In June 2024, Bourque and Chima were suspended for one and two years, respectively, and both were ousted from their offices, making them unable to participate in CEIU activities.
Bourque and Chima supported a “no” campaign asking members to vote against a tentative agreement that ultimately ended the PSAC strike in 2023, which was against union rules.
The no campaign opposed the agreement over wage and remote-work demands.
CEIU is the largest of 15 PSAC component unions. It represents more than 32,000 members across several federal departments, including Service Canada, Employment and Social Development Canada and the Immigration and Refugee Board.
The Public Service Alliance of Canada declined to comment for this story.
Neither Bourque, Chima nor their legal representation responded to requests for comment by deadline.
With files from National Post
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