Archived - Decision 07-034(A) Canada Labour Code Part II Occupational Health and Safety

Case No.: 2006‑46

Interlocutory order
Order No.: CAO‑07‑034 (A)

Jean-François Boudreault
appellant

and

G4S Cash Services (Canada) Ltd.
respondent
___________________________
September 12, 2007

This is the interlocutory order issued on September 5, 2007 in the present case.

For the appellant
Nicola Di Ioro, Counsel, Heenan Blaikie

For the respondent
Edward Kravitz, Counsel, Fédération des employées et employés de services publics inc. (Confederation of National Trade Unions (CNTU))

[1] As part of the hearing of the appeal filed by Jean‑François Boudreault, an armoured truck driver working for G4S Cash Services (Canada) Ltd., following a decision of no danger rendered by Health and Safety Officer (HSO) France Racicot with regard to Mr. Boudreault’s refusal to work, the present interlocutory order confirms the September 5, 2007 order issued orally to G4S Cash Services (Canada) Ltd. and its counsel Edward Kravitz.

[2] At the September 5, 2007 hearing, Mr. Kravitz, counsel for Mr. Boudreault, requested a copy of two documents appended to the report entitled “Job Hazard Analysis: The Two Person “All Off” Practice At G4S” adduced by Nicola Di Ioro, counsel for G4S Cash Services (Canada) Ltd., for consultation. Given the confidential nature of these documents, Mr. Di Ioro asked that providing the documents be made subject to conditions.

[3] G4S Cash Services (Canada) Ltd. is HEREBY ORDERED to provide Mr. Kravitz immediately with a copy of the following two documents appended to the report entitled “Job Hazard Analysis: The Two Person “All Off” Practice At G4S”, to be previously initialled by Mr. Di Ioro on behalf of G4S Cash Services (Canada) Ltd.:

• “SSG Report – Risk of Robbery, Armoured Vehicles – Appendix CC”; and
• “G4S Robbery Documents – Appendix DD”.

[4] As well, given the confidential nature of the documents to be provided to him, Mr. Kravitz is HEREBY ORDERED to respect the following conditions as soon as he receives the copy of the documents:

• Mr. Kravitz shall be the sole recipient and custodian of the documents;
• in addition to Mr. Kravitz, only Daniel Pilon shall be authorized to consult the documents, and only in the presence of Mr. Kravitz;
• no one shall make any copies of the documents; and
• immediately after the Appeals Officer has rendered a final decision in the present case. Mr. Kravitz shall return to Mr. Di Ioro the copy of the two documents provided to him.

Order issued at Ottawa, September 12, 2007