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The Federal Court of Appeal won’t hear the case of a former Health Canada scientist fired for alleged insubordination in 2004.

Shiv Chopra, a veterinarian and microbiologist who drew national attention for his criticism of the veterinary drug approval process, was one of three researchers fired in June 2004 by Health Canada. While the other two scientists were eventually ordered re-instated, the Public Service Labour Relations and Employment Board upheld Chopra’s dismissal last year.

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On Wednesday, Chopra’s lawyer, David Yazbeck, said the Federal Court of Appeal concluded that the adjudicator’s decision was not unreasonable.

However, Chopra says the critical issue at the heart of the matter — Canada’s food safety system — has never been dissected by tribunals and courts. And that leaves him disappointed.

“Nobody asked the question, ‘What did I say?’ I was speaking out, but it was my duty to speak out. They didn’t get to the bottom of the issue,” he said.