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ARTICLE · 09 APRIL 2014

Co-Operative Federalism Reinforced: Workers' Compensation Rules Clarified

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Parliament said that it desired a flexible approach to workers’ compensation for federal employees across Canada when it passed the Government Employees Compensation Act, R.S.C. 1985, c. G-5 ("GECA").

CanadaEmployment and HR

Parliament said that it desired a flexible approach to workers' compensation for federal employees across Canada when it passed the Government Employees Compensation Act, R.S.C. 1985, c. G-5 ("GECA").  The Supreme Court of Canada upheld that model of  flexibility for workers' compensation systems on March 28, 2014 in Martin v. Workers' Compensation Board of Alberta et al, 2014 SCC 25   ("Martin").

Justice Watson of the Court of Appeal of Alberta (Chief Justice Fraser concurring) provided a succinct synopsis of the Martin case:

Martin, a 33 year park warden, worked for Parks Canada at Banff. He was also a member of the Public Service Alliance of Canada. A prolonged dispute with Parks Canada began in 2000 when he complained that park rangers should be able to carry hand guns and other defensive equipment as a safety requirement under the Canada Labour Code. Martin asserts that, after filing his complaint in 2000, Parks Canada denied him training opportunities,

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