View cases - Stewart McKelvey

25[109] Under cross-examination, Ms. Johnstone was questioned extensively on the nature of herduties as a BSO in terms of the need for focus, sustained attention, maintaining vigilance,assessing risk, handling public aggression, etc. Presumably this was an attempt by Respondent’scounsel to adduce evidence through this witness of health and safety concerns with longer shifts.Ms. Johnstone never indicated that she felt she could not handle the longer shifts she hadrequested.B. Evidence of Murray Star[110] Mr. Star has been employed with CBSA since 1990 as a BSO. From 1996 to 2000 he heldthe position of acting Supervisor for various interim periods, and he has been engaged in trainingof other BSOs over time.2010 CHRT 20 (CanLII)[111] In or about 1999 Mr. Star was a Union Steward, and from 2003 to 2008 was an ExecutiveSteward representing Union members. At the time of the hearing he was no longer a UnionExecutive member.[112] Mr. Star testified that he had his own issues involving the Act (in approximately 2001)when his employment terms did not reflect his religious observances regarding the Sabbath andreligious holidays. Being of the Jewish faith, he did not want to work from sundown on Fridaysthrough Saturdays, or on the Jewish High Holidays for religious observance.[113] Initially, his Terminal Chief agreed that he should be accommodated and was willing toallow him to exchange shifts for one year. However, Mr. Norm Sheridan took the position that theentitlement to the observance of a “Holy Day” only related to one event per year, not a weeklyongoing observance. Mr. Star filed a complaint under the Act. Mr. Sheridan gave authority toeach Terminal Chief to decide the issue based on “operational requirements”. The CHRCInvestigator found in Mr. Star’s favour and an agreement giving Mr. Star the accommodation hesought was reached between the parties with mediation.