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Recent Court Judgement

October 10, 2024

A judgement in a legal case related to a section volunteer not being renewed into their role by a Group Commissioner was released on Friday 27th September. As of October 7th, and as instructed by the Court, Mr. Hannan is once again an active volunteer of Scouts Canada with the 115th Troop.

Scouts Canada takes the court’s findings seriously, and will spend the time needed to properly consider whether there are or are not implications to be dealt with in terms of court jurisdiction in such decisions, the relationship between non-profits and volunteers, when it is and is not legitimate to refuse a volunteer into a role, who should have the power to make such a decision, and what checks and balances should be in place. Our organization is built on the dedication and passion of volunteers, and we are deeply grateful for their service, which is essential to the success of our program. We are committed to fostering a positive and supportive environment for all our volunteers and will continue working toward that goal.

Regardless of these longer-term consideration, the judgment underscores the importance of perceived fairness and thoughtful decision-making, particularly when declining, not renewing, or terminating volunteers for specific roles. We expect that volunteers responsible for these decisions may need additional guidance and reassurance to confidently perform their duties in these matters.

As such, members are reminded of the existing policies and procedures that guide such considerations of these documents:

Membership and Registration Policy

Appointment of Scouters Standard

Discipline and Performance Management Procedure

 

Currently supported by these resources:

Performance Coaching Checklist

Performance Management Supervisor Checklist

Performance Management Discipline Incident Form

Progressive Discipline Checklist

Progressive Discipline Guideline

We have advised our team involved in considering appointments and annual renewals of volunteer roles that:

  • If a Council Key 3 is considering declining a volunteer's application to a Group Commissioner role, the rationale for these decisions must be clearly documented.
  • If the rational for such a refusal is related to competency (can they do the role) or conduct (can they behave according with our Code of Conduct) issues, then the relevant procedure must be adhered to before such a decision is taken.
  • Even if the rationale is not related to competency or conduct (for example, the role is no longer required, or the role could benefit from a fresh perspective, etc) then this should still be documented.
  • If a Group Commissioner is asking for advice in not appointing a section volunteer, the guidance above applies.
  • Documentation should be sent to Safe Scouting to be recorded, either using existing templates for situations where relevant templates exist (Performance Management Discipline Incident Form) or simply by email where it does not.
  • For Group Support Centre-supported Groups, Scouting Relationship Managers involved in decisions regarding Group Commissioners should ensure they have consulted with, and collaborated, with Council Key 3 before finalizing any decisions.
     

While the judgment warrants serious consideration, we want to reassure you that we can manage these challenges. We will update you as we gather more information and assess our next steps.

We thank you for your service and are grateful for all you do to ensure that we deliver on our mission to help develop well-rounded youths, better prepared for success now and in the future.