1 1Jl~ FEB 20 Ari 8 ~ 8

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1 CAS - ATJ WINNIPEG. MB RECE IVED - RECU 1 1Jl~ FEB 20 Ari 8 ~ 8 BETWEEN: FEDERAL COURT OF APPEAL Court File No. A- ( ROBERT ADAMSON, ROBERT DAVID ANTHONY, JACOB BAKKER, DONALD BARNES, MICHAEL BINGHAM, DOUG BOYES, KENNETH BUCHHOLZ, DANIEL BURROWS, DAVID G. CAMERON, WAYNE CASWILL, GEORGE COCKBURN, BERT COPPING, GARY DELF, JAMES E. DENOVAN, MAURICE DURRANT, COLM EGAN, ELDON ELLIOTT, LEON EVANS, ROBERT FORD, LARRY FORSETH, GRANT FOSTER, GUY GLAHN, KENWOOD GREEN, JONATHAN HARDWICKE-BROWN, TERRY HARTVIGSEN, JAMES HAWKINS, GEORGE HERMAN, JAMES RICHARD HEWSON, BROCK HIGHAM, LARRY HUMPHRIES, GEORGE DONALD IDDON, PETER JARMAN, NEIL CHARLES KEATING, GEORGE KIRBYSON, ROBIN LAMB, STEPHEN LAMBERT, LES LAVOIE, HARRY G. LESLIE, ROBERT LOWES, GEORGE LUCAS, DONALD MADEC, DON MALONEY, MICHAEL MARYNOWSKI, BRIAN MCDONALD, PETER MCHARDY, GLENN RONALD MCRAE, JAMES MILLARD, BRIAN MILSOM, HOWARD MINAKER, GEORGE MORGAN, GREG MUTCHLER, HAL OSENJAK, STEN PALBOM, MICHAEL PEARSON, DAVID POWELL-WILLIAMS, PAUL PRENTICE, MICHAEL REID, PATRICK RIESCHI, STEVEN ROSS, GARY SCOTT, PHILLIP SHAW, ANDREW SHERET, MICHAEL SHULIST, DONALD SMITH, OWEN STEWART, RAY THWAITES, DALE TRUEMAN, ANDRE VERSCHELDEN AND OUGLAS ZEBEDEE APPELLANTS and AIR CANADA, AIR CANADA PILOTS ASSOCIATION, CANADIAN HUMAN RIGHTS COMMISSION and DONALD PAXTON RESPONDENTS NOTICE OF APPEAL TO THE RESPONDENTS: Air Canada, Air Canada Pilots Association, Canadian Human Rights Commission and Donald Paxton

A LEGAL PROCEEDING HAS BEEN COMMENCED AGAINST YOU by the appellant. The relief claimed by the appellant appears on the following page.

The appellant requests that this appeal be heard at 90 Sparks Street, Ottawa, Ontario.

in Form 341 prescribed by the Federal Courts Rules and serve it on the appellant's solicitor, or where the appellant is self-represented, on the appellant, WITHIN 10 DAYS of being served with this

2 A LEGAL PROCEEDING HAS BEEN COMMENCED AGAINST YOU by the appellant. The relief claimed by the appellant appears on the following page. THIS APPEAL will be heard by the Court at a time and place to be fixed by the Judicial Administrator. Unless the Court directs otherwise, the place of hearing will be as requested by the appellant. The appellant requests that this appeal be heard at 90 Sparks Street, Ottawa, Ontario. IF YOU WISH TO OPPOSE THIS APPEAL, to receive notice of any step in the appeal or to be served with any documents in the appeal, you or a solicitor acting for you must prepare a notice of appearance in Form 341 prescribed by the Federal Courts Rules and serve it on the appellant's solicitor, or where the appellant is self-represented, on the appellant, WITHIN 10 DAYS of being served with this notice of appeal. IF YOU INTEND TO SEEK A DIFFERENT DISPOSITION of the order appealed from, you must serve and file a notice of cross-appeal in Form 341 prescribed by the Federal Courts Rules instead of serving and filing a notice of appearance. Copies of the Federal Courts Rules information concerning the local offices of the Court and other necessary information may be obtained on request to the Administrator of this Court at Ottawa (telephone ) or at any local office. IF YOU FAIL TO OPPOSE THIS APPEAL, JUDGMENT MAY BE GIVEN IN YOUR ABSENCE AND WITHOUT FUR\~fSl~~O YO~.. _ ORIGIN EFER 4Wrnnrpeg Local Ofnce Bureau local de Winn February 20, 2014 R Y OFFICER Winnipeg, Manitoba W -363, Broa~way REGISTR R3C 3Ng rnnrpeg (Manitoba) R3C3N9 Issued by: (Registry Officer) T AILL Broadway 400 rpeg Address of Local Office: 363 Broadway, Winnipeg, Manitoba R3C 3N9. TO: the Respondents: Air Canada Pilots Assodation, c/o its counsel: Bruce Laughton Q.C. Laughton & Company Vancouver, B.C. 2.

Maryse Tremblay Borden Ladner Gervais LLP Canadian Human Rights Commission: Attn.

3 Air Canada, c/o its counsel: Attn. Fred Headon, Sr. Dir. Labour and Employment Law Air Canada Center Law Branch and/or: Attn. Ms. Maryse Tremblay Borden Ladner Gervais LLP Canadian Human Rights Commission: Attn. Daniel Poulin Ottawa, ON Donald Paxton: AND TO: other person(s) to be served: Canadian Human Rights Tribunal 160 Elgin Street, 11th Floor Ottawa, ON K1A 1J4 3.

APPEAL THE APPELLANTS APPEAL to the Federal Court of Appeal from the order of the Honourable Justice Annis, dated January 27, 2014 in Docket T-1463-11 and indexed as 2014 FC 83, by which the Court

THE APPELLANTS ASK that the Honourable Court: 1. Allow the appeal; 2. Set aside the portion of the Order of the Federal Court granting the judicial review of Court file T-1463-11; 3.

(c) award the Appellant the costs of this appeal; (d) award the Appellant the costs of the applications in the Court below; and 4.

4 APPEAL THE APPELLANTS APPEAL to the Federal Court of Appeal from the order of the Honourable Justice Annis, dated January 27, 2014 in Docket T and indexed as 2014 FC 83, by which the Court granted the Respondent ACPA's application for judicial review of a decision of the Canadian Human Rights Tribunal dated August 10, 2011 and indexed as 2011 CHRT 11. THE APPELLANTS ASK that the Honourable Court: 1. Allow the appeal; 2. Set aside the portion of the Order of the Federal Court granting the judicial review of Court file T ; 3. Render the judgment that should have been rendered by the Federal Court and (a) deny the application for judicial review; (b) quash that portion of the Decision dealing with Court file T ; (c) award the Appellant the costs of this appeal; (d) award the Appellant the costs of the applications in the Court below; and 4. Make such further Orders as may be just and appropriate in the circumstances. THE GROUNDS OF APPEAL are as follows: The Federal Court erred in law and fact exceeded its jurisdiction by 1. misconstruing the application of Paragraph 15(1 )(a) of the Canadian 2. misconstruing the application of subsection 15(2) of the Canadian 3. misconstruing the application of sections 7 and 10 of the Canadian 4. applying the incorrect standard of review of review to the Tribunal's interpretation of its home statute and failing to accord the Tribunal's findings of mixed fact and law proper deference; 4.

5. overturning findings of fact of the Canadian Human Rights Tribunal and substituting its own findings of fact in place of the findings of the Tribunal; 6.

is binding upon it pursuant to the doctrine of stare decisis; 7.

established BFOR defence with an indefinite exemption to the CHRA's protection; 8.

deciding the issue of prima facie discrimination, an issue that was not remitted to it, and in doing so deciding that issue contrary to the principle of stare decisis and

5 5. overturning findings of fact of the Canadian Human Rights Tribunal and substituting its own findings of fact in place of the findings of the Tribunal; 6. expanding the bona fide occupational requirement defence to include factors beyond the occupational requirements of the job in issue, contrary to settled jurisprudence that is binding upon it pursuant to the doctrine of stare decisis; 7. deciding that an employer and trade union can contract out of their respective obligations under the provisions of the Canadian Human Rights Act and replacing the established BFOR defence with an indefinite exemption to the CHRA's protection; 8. deciding that a trade union can cause or contribute to a discriminatory effect upon a minority of its members based on attitudes inconsistent with human rights; 9. deciding the issue of prima facie discrimination, an issue that was not remitted to it, and in doing so deciding that issue contrary to the principle of stare decisis and without regard for settled jurisprudence that was binding upon it; and 10. such further and other grounds as may be appropriate and this honourable Court may allow. February 20, ~ i 1 HEREBY CERTlfY that the :ib~ve nncmnent is a trne copy of the origmal issued out ol / lil~d i11 the court on I and dated Raymond Hall Barrister & Solicitor David Baker Baker Law Solicitors for the Appellants 5.

Date: January 27, Dockets: T T T T T Citation: 2014 FC 83. Ottawa, Ontario, January 27, 2014

Date: January 27, Dockets: T T T T T Citation: 2014 FC 83. Ottawa, Ontario, January 27, 2014 Date: January 27, 2014 Dockets: T-1428-11 T-1453-11 T-1463-11 T-971-12 T-979-12 Citation: 2014 FC 83 Ottawa, Ontario, January 27, 2014 PRESENT: The Honourable Mr. Justice Annis Docket: T-1428-11 BETWEEN: