Public Service Alliance of Canada BC

OTTAWA, May 10 /CNW Telbec/ - An Appeals Officer has ordered Parks Canada to protect its park wardens who are responsible for law enforcement in Canada’s national parks.

The Public Service Alliance of Canada (PSAC), the union representing the park wardens, has been fighting this issue since June 2000, when Douglas Martin, one of the wardens, filed a complaint that he was being placed in situations of potential danger on the job without the necessary protective equipment.

“The ruling from Appeals Officer Douglas Malanka has confirmed the original direction from the health and safety officer who investigated the complaint,” says PSAC National Executive Vice-President Patty Ducharme. “Malanka has ordered Parks Canada, after seven years of delay, to finally correct the situation and to protect the wardens from danger.”

As part of their job to maintain the public peace in parks and to enforce the anti-poaching provisions of the Canada National Parks Act, park wardens are routinely required to arrest and detain individuals who frequently are armed and they do so in remote locations.

“No other law enforcement agency has the combination of the necessary training, resources and capacity to conduct law enforcement in our national parks,” says Ducharme. “In fact, the Appeals Officer noted for the record that he was impressed by experience, knowledge, maturity, conscientiousness and professionalism of the park wardens who testified at the hearing.”

Malanka’s ruling follows a lengthy investigation and several court judgments. The initial health and safety officer’s direction was appealed to an Appeals Officer and that decision was subsequently appealed. The Federal Court of Appeal found that the Appeals Officer had not given sufficient consideration to the kinds of danger the wardens face and sent the case back for a re-hearing.

Appeals Officer Malanka conducted the re-hearing which started in November 2005. His 204-page ruling follows seven weeks of hearings that involved numerous exhibits and witnesses. It has been eleven months since the hearings closed.

Malanka also noted in his ruling that ‘Parks Canada ignored the recommendations of in-house and third party studies it commissioned to the effect that sidearms be issued to park wardens conducting law enforcement’

“This is a thoughtful ruling and we urge Parks Canada to implement the orders without delay,” says Ducharme. “The park wardens don’t deserve to be placed in danger any longer by Parks Canada filing yet another appeal. We want the park wardens responsible for law enforcement to be given the proper equipment and this Appeals Officer has determined that sidearms are the appropriate equipment.”