An 86-year-old former scout leader, known as “Scouter Wayne,” successfully challenged Scouts Canada’s refusal to renew his volunteer position, with the court finding a breach of procedural fairness. Justice Calum MacLeod ruled that the organization failed to follow its own policies when declining to renew the long-serving leader’s appointment and ordered Scouts Canada to process his future applications in good faith.
The ruling comes after Scouter Wayne, who had served as a volunteer with the Scouts for over 60 years, was informed in November 2023 that his membership as a Scouter for the 115th Sea Scout Troop in Ottawa would not be renewed. This decision, communicated in a letter from the Group Commissioner, was based on unspecified “safety concerns” and “resistance to program adaptation.” However, the court found no evidence to support these claims, calling the allegations “without substance.”
“There is little doubt that viewed objectively, the Applicant has been treated shabbily and denied any semblance of due process,” wrote Justice MacLeod. While the court was reluctant to intervene in the internal affairs of a private volunteer organization, MacLeod concluded that Scouts Canada’s relationship with its volunteers was contractual in nature, thereby making the issue justiciable.
Decades of service ignored
Scouter Wayne, a widower and retired public servant, has been involved with the organization since 1958 and was recognized for his dedication to the Sea Scouts, particularly for his emphasis on safety. His role with the 115th Sea Scout Troop had been a major source of pride and social interaction. After his dismissal, several parents and fellow Scouters expressed shock at the decision, with one parent lamenting that “the canoeing season will not be the same without Scouter Wayne.”
The letter from the Group Commissioner implied that previous conversations about his conduct had taken place, but Scouter Wayne denied any knowledge of these concerns, stating he had never been warned about performance issues. Furthermore, the court found that the Scouts’ internal policies, which require written warnings and progressive discipline, were not followed.
Justice MacLeod criticized the affidavit filed by Scouts Canada’s Director of Finance and Business Services, calling it “inadmissible hearsay” and accusing the organization of doubling down on baseless allegations. “Rather than conceding that the letter was inaccurate… the Respondent essentially ‘doubled down’ on the allegations,” the ruling noted.
Breach of contract
The key question before the court was whether Scouts Canada had breached its policies when it declined to renew Scouter Wayne’s appointment. Justice MacLeod concluded that the decision was indeed disciplinary in nature and should have been governed by the organization’s disciplinary procedures. He rejected Scouts Canada’s argument that the Group Commissioner had complete discretion in renewal decisions, finding instead that the organization’s policies and procedures created a binding contractual obligation to treat volunteers fairly.
“Volunteers are recruited and induced to continue as volunteers by a number of well-publicized policies and procedures promising to support volunteers in their roles,” wrote MacLeod. He further noted that the organization’s promise of fairness and procedural safeguards formed part of the contractual relationship with its volunteers.
No evidence of misconduct
The court found no evidence that Scouter Wayne had breached the Scouts’ Code of Conduct or failed to meet performance standards. Witnesses, including the Skipper of the 115th Sea Scout Troop and two parents, described him as a valued leader with an exceptional focus on safety. The ruling noted that “the only evidence before the Court… supports a finding that no such misconduct existed.”
Justice MacLeod criticized Scouts Canada’s handling of the case, stating that the organization had failed to provide any documentation to support its claims. He also pointed out that despite Scouts Canada’s reliance on the testimony of an individual with no firsthand knowledge of the events, the organization did not submit affidavits from those directly involved, such as the Group Commissioner.
Remedy and costs awarded
While Scouter Wayne initially sought reinstatement, Justice MacLeod declined to issue an order for his immediate return, noting that the 2023-2024 scouting season had concluded and that reinstating him retroactively would bypass normal screening processes. Instead, the court issued a declaration affirming that Scouts Canada had wrongfully terminated Scouter Wayne’s volunteer status and ordered the organization to process any future applications from him “in good faith.”
Scouts Canada was also ordered to pay costs in the amount of $50,372.00 to Scouter Wayne.
For more information, see Hannan v. Scouts Canada, 2024 ONSC 5361 (CanLII).
