Scouts Canada 'shabbily' sidelined veteran volunteer, judge finds

UPDATE: On Oct. 8, 2024, Scouts Canada confirmed that Wayne Hannan's re-application has been approved and he will join the 115th Troop for the 2024-2025 year. 

Wayne Hannan's time as a volunteer Scouts Canada leader spans nearly 70 years, 12 prime ministers, countless sessions on safe seafaring — and a recent court action he took against the organization because it's been an anchor in his life and he'd like it to stay that way. 

"It just makes me happy," the 86-year-old said last week inside his lawyer's office in west Ottawa, a paddle inscribed with his name and other scouting honours laid out on a table. 

The notice of application Hannan filed earlier this year against Scouts Canada turned on whether the organization treated "Scouter Wayne" fairly by denying his yearly bid to renew his status as a supervisor for an Ottawa-area sea scouts troop. 

The Ottawa Superior Court justice who has now ruled Hannan was denied "any semblance of due process" also found he may have grounds for a human rights complaint.

Justice Calum MacLeod noted the case involved suggestions of age discrimination and a defensive legal strategy from Scouts Canada that was "deeply unfair" to an elderly and long-serving volunteer.

"[He] has been treated shabbily," MacLeod wrote. 

'Resistance to program adaptation'

A retired federal public servant living in Ottawa, Hannan became a youth sea scout in 1950 and then an adult scouter in 1955, much of that time with the local 115th Troop of Sea Scouts. Troops are made up of youth ages 11 to 14.

Hannan was overseen by a group commissioner responsible for approving the annual renewal of scouters' appointments, according to the decision. 

Last November, his reapplication for the 2023-2024 year was denied due to what Scouts Canada called "safety concerns and resistance to program adaptation." Hannan was surprised by the allegations, felt he had been treated unfairly and filed a notice of application in April. 

The organization's director of finance and business services wrote in an affidavit that Hannan's application was denied partly because he was disrespectful and obstructive toward a new commissioner.

• Read the entire court decision here

She also claimed Hannan berated youth and that concerns had been raised with him orally. 

But without a "single" shred of documentation from Scouts Canada to back up its claims and the director basing her affidavit on hearsay, MacLeod "could not give it any weight at all."

"It is then particularly shocking [Scouts Canada] attempted to further besmirch the reputation of an individual that has devoted much of his life to scouting by repeating and further exaggerating that claim in the form of inadmissible affidavit evidence," MacLeod wrote.

Scouts Canada declined an interview and did not answer questions about Hannan or the court decision. 

In an emailed statement, the organization said it's deeply grateful for the dedication and passion of volunteers, and is committed to fostering a positive and supportive environment for all their volunteers.

Petition called for reinstatement

Faced with inadmissible evidence from Scouts Canada, MacLeod relied instead on affidavits from Hannan and his supervising skipper, who said he was not aware of any incidents involving Hannan and found him to be very safety conscious.

Two parents with kids in Hannan's troop also provided affidavits, all of them expressing shock at Scouts Canada's decision. MacLeod also noted a group of former sea scouts submitted a petition calling for Hannan's reinstatement.  

"There was no safety concern," Hannan's lawyer Sean Grassie told CBC News.

Even if there was a legitimate basis for concern, Scouts Canada did not follow its progressive discipline policy or temporary suspension policy and was wrong to terminate Hannan's volunteer status, MacLeod wrote.

Based on suggestions of age discrimination in the case, Hannan might also consider going to the Human Rights Tribunal of Ontario, MacLeod added. 

According to MacLeod, Hannan was among a group of scouters who were unhappy a previous long-serving group commissioner was replaced in 2022 with the commissioner with whom Hannan was alleged to have clashed.

Hannan was vocal about the commissioner's exit when it was announced during a meeting. One witness in the case speculated the two events were related and was concerned it reflected "a decision to get rid of older volunteers," MacLeod wrote.

MacLeod did not weigh in on that theory but stated that "being vocal at a meeting, without more, could not be the basis for concluding [Hannan] was disrespectful or in breach of the code of conduct." 

So what now? 

MacLeod ordered that if Hannan reapplied for his volunteer status, Scouts Canada should review his request "appropriately and expeditiously."

But what exactly might happen next remains foggy, as both sides remain tight-lipped. 

Grassie said he's hopeful the court decision provides a pathway for Hannan's "getting back out on the water" 

Scouts Canada said it's taking MacLeod's findings seriously and is carefully reviewing the ruling before deciding on next steps.  

Scouts Canada has maintained Hannan's membership was not terminated, just that his specific role as a scouter in the 115th was not renewed and so he is temporarily inactive, according to MacLeod's decision. 

Hannan did write to apply for a different scouter role within the 115th but was told the role was no longer required, MacLeod added. There might be other roles available to him.

Hannan said passing on his skills to sea scouts for nearly seven decades has been deeply satisfying.

After his wife died three years ago, it became "the major thing" for him to do.

"I'd like to stay there long as long as I can," he said.