Canadian Broadcasting Corp. v. Canada (Labour Relations Board)
Encyclopedia
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
.
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.
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
on judicial review
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
. 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
Standard of review
In LAW, the standard of review is the amount of deference given by one court in reviewing a decision of a lower court or tribunal. A low standard of review means that the decision under review will be varied or overturned if the reviewing court considers there is any error at all in the lower...
.
Background
Dale GoldhawkDale Goldhawk
Dale Goldhawk is a Canadian broadcaster and investigative reporter. Goldhawk Fights Back began as a consumer advocacy segment on CBLT's dinner hour newscast in the 1980s — Newshour. He joined Leslie Jones as co-host of CBLT Morning between 1984 and 1986...
was a CBC
Canadian Broadcasting Corporation
The Canadian Broadcasting Corporation, commonly known as CBC and officially as CBC/Radio-Canada, is a Canadian crown corporation that serves as the national public radio and television broadcaster...
host of Cross Country Checkup
Cross Country Checkup
Cross Country Checkup is a Canada-wide open-line radio show that airs Sunday afternoons on CBC Radio One.Every week, host Rex Murphy presides over a lively discussion on an issue of national interest or importance and invites listeners to call in with their opinions and thoughts. The topics are...
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
Canada Labour Code
The Canada Labour Code is an Act of Parliament of the Canadian government to consolidate certain statutes respecting labour. The objective of the code is to facilitate production by controlling strikes & lockouts, occupational safety and health, and some employment standards.Generally speaking, the...
. 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.