B.C. Supreme Court dismisses sexual assault lawsuit from former CSIS employee due to lack of jurisdiction

The B.C. Supreme Court has dismissed a lawsuit filed by a former employee of Canada's spy agency allegingsexual assault and harassment at workbecause the courtlacked jurisdiction in the case.

Canada's Attorney General brought an application to have the case dismissed, arguing that the Federal Public Sector Labour Relations Act (FPSLRA) is a "comprehensive scheme for dealing with all labour disputes for federal employees" and that the "courts lack jurisdiction to entertain the plaintiff's claims."

Justice Michael Tammen agreed, ruling that there is a "legislative scheme in place" for the woman, who is only identified as Jane Doe in the proceedings.

The woman worked for the Canadian Security Intelligence Service (CSIS) from September 2018 to December 2021, according to the court decision published this week. She claimed she was sexually assaulted by one of her instructors at a three-and-a-half month course she attended at the outset of her work, the decision said.

Treatment by staff made 'employment intolerable'

She then worked "closely" with a person only named as "Individual E" in the decision on a surveillance unit that required them to spend 10-hour shifts together in a vehicle, according to the decision.

The woman claimed she was sexually assaulted during work shifts, the decision said. She filed a notice of civil claim in February 2022, seeking aggravated and punitive damages.

In response to the claim, the Attorney General denied all liability.

None of the allegations have been proven in court. CSIS did not respond to CBC's request for comment.

Earlier, the womanfiled a formal complaint with CSIS in November 2021 under its internal harassment and violence in the workplace policy, the decision said.

Following that complaint, she claimed she was "subjected to treatment by CSIS personnel which rendered her continued employment intolerable," according to the decision.

She then ended her employment with the agency but the investigation into her claims under CSIS's internal harassment and violence in the workplace policy is ongoing, according to the decision.

Court should stay out of internal mechanisms: judge

In his decision to dismiss the lawsuit, Justice Tammen cited a Supreme Court of Canada decision that said "where legislation provides a comprehensive scheme for dealing with employment issues between parties, the courts should generally defer to that scheme and its internal dispute mechanisms."

Tammen said the woman has the FPSLRA and its grievance processes available to her but did not go that route.

Allegations 'problematic and deeply troubling'

The woman said she believed the internal grievance mechanisms weren't effective and wanted the case to proceed through the courts, according to the decision.

However, Tammen said the woman didn't provide evidence to prove flaws in the system.

Tammen said while he acknowledged the conduct she alleges is "problematic and deeply troubling," the woman "failed to connect that conduct with the internal grievance process itself."

When the woman's complaints process with CSIS is complete, she can challenge the decision in federal court, according to Tammen.