Giving Directions to Administrative Decision-Makers (for Self-Represented Litigants): Bernard v. Canada (Attorney General), 2014 SCC 13

Bernard v. Canada (Attorney General), 2014 SCC 13 represents the end of a long struggle for Ms. Bernard, an employee of the Canadian revenue service who challenged -- without counsel -- her employer's ability to send her personal contact details to a union. A decision ordering disclosure was ultimately upheld as reasonable and constitutional but there was an interesting divergence of views on the Supreme Court of Canada about the jurisdiction of an administrative decision-maker to which a matter has been remitted with directions.

Sending a Quashed Decision Back to the Initial Decision-maker Caused a Reasonable Apprehension of Bias

The long title explains the result in Conseil des montagnais de Natashquan c. Malec, 2012 CF 1392, a case about alleged discrimination against Aboriginal educators.