Raj Shoan has won his court case against the CRTC for wrongful dismissal and returns as the Ontario Commissioner after a legal battle that earned national headlines, sent shock waves through the regulator and the Privy Council and left the province's broadcasters without representation in the Gatineau garrison.
The Globe & Mail reporting on his victory stated that his case "represents a rare instance of a government dismissing a political appointee; the cabinet has the authority to fill 1,500 or so posts in the various Crown corporations, agencies and regulatory bodies.
"Unlike some appointees, who serve at the pleasure of the governor-in-council of the day, CRTC commissioners’ terms are subject to a standard of “good behaviour” and may only be terminated with cause."
The newspaper continued: "In March of 2016, Ms. Joly’s office sent a letter to Mr. Shoan alleging a series of improprieties – criticizing the CRTC on social media, releasing private information regarding a complainant in a harassment case, having inappropriate contact with companies with applications before the board, and making unfounded assertions of unethical conduct on the part of other CRTC members.
"In her ruling, Justice Strickland examined four previous dismissals and found that while Ms. Joly’s letter met the standard of procedural fairness in allowing Mr. Shoan to respond in writing, and that she had no obligation to refer the matter to an inquiry, she should have allowed him to respond in a face-to-face meeting."
Here's what Raj Shoan sent to FYI as an official statement released over the weekend...
"On April 28, 2017, Justice Cecily Strickland of the Federal Court of Canada granted my application for judicial review and returned me to my position of CRTC Commissioner, Ontario. I am grateful for the considered decision of the Federal Court and I look forward to continuing to support the important work of the CRTC.
"I accepted the position of Commissioner in 2013, filled with optimism for my five-year term and determination to serve my home province diligently and faithfully. As only the second person of colour and one of the youngest appointees in the history of the CRTC, I was resolved to leaving a lasting and positive mark on the CRTC. My tenure was unexpectedly interrupted, however, and I was unfortunately required to seek the assistance of the courts.
"As I return now to the CRTC, I do so with a renewed sense of optimism that justice can prevail and a determination to represent the province of Ontario with passion and integrity.
"I would like to thank my family, friends, colleagues and others for their ongoing support and encouragement throughout this long and difficult process."