Scouts Canada is wrong not to renew the candidacy of an 86-year-old man: judge

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An octogenarian Ottawa scout “treated poorly” by Scouts Canada deserves to get his volunteer position back, an Ontario Superior Court judge has ruled.

The judge said Wayne Hannan had been wrongly accused of being a safety danger and resisting change, calling some of the allegations “deeply unfair to an elderly and long-serving volunteer.”

The 86-year-old, known as “Scouter Wayne,” had worked for the organization for 66 years.

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Hannan took Scouts Canada to court after the group’s commissioner rejected his annual application to renew his volunteer status last November.

“There is no doubt that, objectively, the applicant was treated poorly and deprived of any semblance of due process,” Justice Calum MacLeod said in a recent written decision.

“If the disciplinary management procedure applies to his situation, it was not followed.”

Most recently, Hannan was a volunteer leader with Ottawa’s 115th Sea Scout Troop. The judge, in his written decision dated September 27, says Hannan argued his dismissal as an observer violated Scouts Canada policies.

The Boy Scouts of Canada was incorporated 110 years ago.

The Sea Scouts Hannan volunteered to lead as a “skipper” were aged between 11 and 14, the judge said. “Sea Scouts focus on canoeing, boating and other naval skills, but otherwise operate similarly to other Scout troops.”

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Hannan, a widower and retired civil servant, told the court: “His voluntary work with the Scouts continues to be a passion for him, his main source of social interaction and, in the joy he derives from teaching to young people, a continuous source. of pride and satisfaction,” MacLeod said.

“It’s not just for his own benefit. “Scouter Wayne” is considered by other leaders, scouts and parents to play an important role. In particular, he is appreciated for his deep knowledge of scouting, his contribution to Sea Scout ceremonies and traditions, and he is also seen for his obsession with safety and security protocols.

Last November, Hannan was informed by the group’s commissioner Candice Armstrong in a letter that she had decided not to renew her membership. The judge said the letter “was intended to be” a follow-up to conversations the two had previously had and that the decision was made “due to safety concerns and resistance to adapting the program.”

“(Hannan) found this shocking and deeply unfair because he had no idea of ​​the safety issues, how resistant he was to adapting the program and he attests that he never had a conversation about his or her performance as an observer with the group or any other person at the group level,” MacLeod wrote.

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The judge concluded “that the allegations contained in the letter regarding verbal warnings, safety concerns and failure to adapt to the changing needs of the organization are without merit.” It is therefore particularly shocking that (Scouts Canada) has attempted to further tarnish the reputation of an individual who has dedicated much of his life to Scouting by repeating and further exaggerating this claim in the form of inadmissible affidavit evidence » presented to the court.

In other words, rather than admit that the letter was inaccurate, the Respondent essentially “doubled down” on his allegations.

Justice Calum MacLeod

This affidavit “repeats and amplifies the performance issues set forth in the termination letter.” In other words, rather than admit that the letter was inaccurate, the Respondent essentially “doubled down” on his allegations.

The judge found the allegations “unfounded and unfounded.” From an evidentiary perspective, the responding affidavit is both deeply unfair to an elderly and long-serving volunteer, but also demonstrates an inappropriate litigation strategy bordering on an abuse of process. Evidence addressing these concerns is simply inadmissible.

The affidavit, written by Stacy Adair, a Scouts Canada employee and the organization’s director of finance and business services who lives in Dartmouth, Nova Scotia, stated that Hannan “reprimanded the youth participants” which Hannan disputed.

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“There is not a single document, note or recording produced by Scouts Canada to support these concerns,” MacLeod concluded.

The elderly scout also provided testimony from his scout troop leader and both parents.

“These affidavits indicate that (Hannan) is extremely safety conscious, is a valued scout leader, and that ‘Scouter Wayne’ continued to make important contributions to the 115th until he was discharged. functions,” MacLeod wrote.

The judge concluded that Hannan’s ouster constituted unfair dismissal. Last year, Hannan asked the court for a temporary injunction, “allowing him to continue as a entertainer for at least the remainder of the summer and fall paddling season.”

Instead, MacLeod ordered an expedited hearing into the matter.

“The claim that (Hannan) failed to meet performance standards or breached the code of conduct is unfounded and without merit,” the judge said.

MacLeod ordered that if Hannan “wishes to volunteer for the current season, his application be given appropriate and expeditious consideration and, unless there are valid and demonstrable reasons for non-renewal, his renewal be granted “.

And in what could be considered his good deed for the day, the judge ordered Scouts Canada to reimburse Hannan for the $50,372 it had paid in legal costs.

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