Canadian Broadcasting Corp. v. Canada (Labour Relations Board)

Canadian Broadcasting Corp. v. Canada (Labour Relations Board)

SCCInfoBox
case-name=Canadian Broadcasting Corp. v. Canada (Labour Relations Board)
full-case-name=Canadian Broadcasting Corp. v. Canada (Labour Relations Board)
heard-date=March 14, 1994
decided-date=January 27, 1995
citations= [1995] 1 S.C.R. 157
docket=23142
history=
ruling=
ratio=
SCC=1994-1995
Majority=Iacobucci J.(paras. 1-87)
JoinMajority=Lamer C.J. and Cory, and Major JJ.
Concurrence=La Forest J. (para. 88)
Concurrence2=L'Heureux‑Dubé J. (paras. 89-93)
Concurrence3=Sopinka J. (paras. 94-98)
Concurrence4=Gonthier J. (para. 99)
Dissent=McLachlin J. (paras. 100-136)
NotParticipating=
LawsApplied=

"Canadian Broadcasting Corp. v. Canada (Labour Relations Board)", [1995] 1 S.C.R. 157 is a leading decision of the Supreme Court of Canada on judicial review. The decision affirms the "pragmatic and functional approach" to labour relations and rules that the standard of review for interpreting external legislation should usually be one of correctness.

Background

Dale Goldhawk was a CBC host of Cross Country Checkup and president of the Union. During the 1995 federal election, Goldhawk was an outspoken opponent of NAFTA and free trade. He wrote an article in the Union newspaper that was highly critical of free trade. The CBC found his conduct unacceptable as he was both a host and president. The CBC asked that he chose either to leave one of his two positions. He chose to step down as president and remain a host.

The Union filed a complaint against the CBC for interference with the administration of the Union's business which was prohibited under the Canada Labour Code. The Board considered the issue of whether Goldhawk's conduct was protected by the Code. They found that it was and that the CBC violated the Code. It was reasoned that the article was directed at the Union and so was protected under the Code.

The Federal Court of Appeal held that the standard of review was patent unreasonableness and found that on the facts the Board decision was not patently unreasonable.

The issue before the Supreme Court was the decision of the Board was a question of jurisdiction, which would set a standard of review of correctness, and whether a different standard of review should be applied to external statutes such as the Canada Labour Code.

Decision of the Court

Justice Iacobucci, writing for the majority, dismissed the appeal.

ee also

* List of Supreme Court of Canada cases

External links

*


Wikimedia Foundation. 2010.

См. также в других словарях:

  • Canadian National Railway — Canadian National system map …   Wikipedia

  • Canadian National Vimy Memorial — Veterans Affairs Canada Commonwealth War Graves Commission …   Wikipedia

  • cañada — /keuhn yah deuh, yad euh/, n. Chiefly Western U.S. 1. a dry riverbed. 2. a small, deep canyon. [1840 50; < Sp, equiv. to cañ(a) CANE + ada n. suffix] * * * Canada Introduction Canada Background: A land of vast distances and rich natural resources …   Universalium

  • Canada — /kan euh deuh/, n. a nation in N North America: a member of the Commonwealth of Nations. 29,123,194; 3,690,410 sq. mi. (9,558,160 sq. km). Cap.: Ottawa. * * * Canada Introduction Canada Background: A land of vast distances and rich natural… …   Universalium

  • Dale Goldhawk — Goldhawk redirects here. For the Goldhawk character as featured in the Irish magazine, The Phoenix, see The Phoenix (magazine). Dale Goldhawk is a Canadian broadcaster and investigative reporter. Goldhawk Fights Back began as a consumer advocacy… …   Wikipedia

  • Business and Industry Review — ▪ 1999 Introduction Overview        Annual Average Rates of Growth of Manufacturing Output, 1980 97, Table Pattern of Output, 1994 97, Table Index Numbers of Production, Employment, and Productivity in Manufacturing Industries, Table (For Annual… …   Universalium

  • Media and Publishing — ▪ 2007 Introduction The Frankfurt Book Fair enjoyed a record number of exhibitors, and the distribution of free newspapers surged. TV broadcasters experimented with ways of engaging their audience via the Internet; mobile TV grew; magazine… …   Universalium

  • Calendar of 2000 — ▪ 2001 January We are fortunate to be alive at this moment in history. Never before has our nation enjoyed, at once, so much prosperity and social progress with so little internal crisis and so few external threats. Never before have we had such… …   Universalium

  • United States — a republic in the N Western Hemisphere comprising 48 conterminous states, the District of Columbia, and Alaska in North America, and Hawaii in the N Pacific. 267,954,767; conterminous United States, 3,022,387 sq. mi. (7,827,982 sq. km); with… …   Universalium

  • United Kingdom — a kingdom in NW Europe, consisting of Great Britain and Northern Ireland: formerly comprising Great Britain and Ireland 1801 1922. 58,610,182; 94,242 sq. mi. (244,100 sq. km). Cap.: London. Abbr.: U.K. Official name, United Kingdom of Great… …   Universalium


Поделиться ссылкой на выделенное

Прямая ссылка:
Нажмите правой клавишей мыши и выберите «Копировать ссылку»