Sobeys Stores Ltd. v. Yeomans and Labour Standards Tribunal (NS)
Encyclopedia
Sobeys Stores v. Yeomans and Labour Standards Tribunal (NS) [1989] 1 S.C.R. 238 is a leading Supreme Court of Canada
case on determining if a tribunal
has the authority to hear a dispute, and more generally, the interpretation of section 96 of the Constitution Act, 1867
.
, a Nova Scotia
grocery chain, dismissed Yeomans, an employee of ten years. Yeomans made a complaint to the Director of Labour Standards of Nova Scotia for dismissal without just cause under the s. 67 of the Labour Standards Code. The Director held that Yeoman's claim was valid and ordered Sobeys to reinstate him. This was affirmed by the Labour Standards Tribunal.
Sobeys appealed the ruling to the Nova Scotia Court of Appeal
on the basis that the tribunal did not have the constitutional authority to hear the case. Namely, that the tribunal was encroaching on the exclusive jurisdiction of the Superior courts, granted by section 96 of the Constitution Act, 1867.
The Nova Scotia Court of Appeal found in favour of Sobeys. The Supreme Court reconsidered this issue and in the process revamped the evaluation of section 96. The Court held that the tribunal did have the authority to hear the case, overturning the Court of Appeal.
Analysis of section 96, Wilson states, involves a three step test established in Re Residential Tenancies Act, 1979
. The Court must 1) assess the historical conditions of the judicial system in 1867; 2) assess whether the provincial tribunal is exercising a judicial function; 3) assess the context of the tribunal's exercise of power.
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...
case on determining if a tribunal
Tribunal
A tribunal in the general sense is any person or institution with the authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title....
has the authority to hear a dispute, and more generally, the interpretation of section 96 of the Constitution Act, 1867
Constitution Act, 1867
The Constitution Act, 1867 , is a major part of Canada's Constitution. The Act created a federal dominion and defines much of the operation of the Government of Canada, including its federal structure, the House of Commons, the Senate, the justice system, and the taxation system...
.
Background
SobeysSobeys
Sobeys is the second largest food retailer in Canada, with over 1,300 supermarkets operating under a variety of banners. Headquartered in Stellarton, Nova Scotia, it operates stores in all ten provinces and accumulated sales of more than $14 billion CAD in 2009...
, a Nova Scotia
Nova Scotia
Nova Scotia is one of Canada's three Maritime provinces and is the most populous province in Atlantic Canada. The name of the province is Latin for "New Scotland," but "Nova Scotia" is the recognized, English-language name of the province. The provincial capital is Halifax. Nova Scotia is the...
grocery chain, dismissed Yeomans, an employee of ten years. Yeomans made a complaint to the Director of Labour Standards of Nova Scotia for dismissal without just cause under the s. 67 of the Labour Standards Code. The Director held that Yeoman's claim was valid and ordered Sobeys to reinstate him. This was affirmed by the Labour Standards Tribunal.
Sobeys appealed the ruling to the Nova Scotia Court of Appeal
Nova Scotia Court of Appeal
The Court of Appeal for Nova Scotia is the highest appeal court in the province of Nova Scotia, Canada. There are currently seven Justices and one Chief Justice. The court sits in Halifax, which is the capital of Nova Scotia...
on the basis that the tribunal did not have the constitutional authority to hear the case. Namely, that the tribunal was encroaching on the exclusive jurisdiction of the Superior courts, granted by section 96 of the Constitution Act, 1867.
The Nova Scotia Court of Appeal found in favour of Sobeys. The Supreme Court reconsidered this issue and in the process revamped the evaluation of section 96. The Court held that the tribunal did have the authority to hear the case, overturning the Court of Appeal.
Reasons of the court
Wilson J., writing for the Court, held that the Act establishing the tribunal did not violate section 96 of the Constitution.Analysis of section 96, Wilson states, involves a three step test established in Re Residential Tenancies Act, 1979
Re Residential Tenancies Act, 1979
Reference re Residential Tenancies Act, [1981] 1 S.C.R. 714 is a leading Supreme Court of Canada decision on the jurisdiction of superior courts provided by section 96 of the Constitution Act, 1867...
. The Court must 1) assess the historical conditions of the judicial system in 1867; 2) assess whether the provincial tribunal is exercising a judicial function; 3) assess the context of the tribunal's exercise of power.