By John-Henry Westen

TORONTO, May 28, 2008 ( – Susan Comstock, an employee of the Treasury Board of Canada and a member of the public service alliance of Canada (PSAC) had sought to divert her union dues on the basis of a conscientious objection to the union’s advocacy of same-sex ‘marriage’ and a policy which admitted zero tolerance for “heterosexism” defined by the union as a presumption that heterosexual love is superior to all other forms of love.  A unanimous 3-0 ruling today by the Federal Court of Appeal denied Comstock’s appeal of a lower court decision supporting the rejection of her claim that as a Catholic being forced to fund advocacy for homosexual ‘marriage’ was unacceptable.

In 2004 Comstock sought diversion of her union dues and was denied by her employer, the Treasury Board of Canada.  She sought to divert her $800 in union dues to a charity other than the union, a diversion of dues which is permitted by PSAC on other grounds.

She then brought a human rights application at the federal level, which was turned down in March 2006 which was sought to have judicially reviewed which was turned down in March 2007 and today was the appeal of that previous decision before three judges of the federal court of appeal.  Justices , in a very brief endorsement the court ruled that her appeal was dismissed. spoke with Comstock’s counsel in the case, Phil Horgan.  Horgan, also the President of the Catholic Civil Rights League, told that “PSAC by its advocacy has maintained that the collection of its union dues and support of conscientious issues is more important than accommodating religious or conscientious objections of its members.”

Horgan suggested that the 130,000 members of PSAC should elect representatives that have a more balanced approach to contentious moral issues.  He noted also that courts in Europe and the United States have been accommodating of the conscience rights of union employees by permitting such diverting of union dues.

Comstock has 60 days to decide if she will seek leave to appeal the decision to the Supreme Court of Canada.

See related coverage:

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Ohio Teachers May Refuse Dues Because of Union Abortion Support: Ohio Court