Calgary Health Region v. Human Rights and Citizenship Commission (Alta.) et al., (2005) 378 A.R. 385 (QB)

• Judge: Erb, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: May 25, 2005
• Citations: (2005), 378 A.R. 385 (QB);2005 ABQB 384

Calgary Health Region v. HRCC (2005), 378 A.R. 385 (QB)

MLB headnote and full text

Temp. Cite: [2005] A.R. TBEd. MY.116

Calgary Health Region (applicant) v. Alberta Human Rights and Citizenship Commission, Diana Hurkens-Reurink and United Nurses of Alberta, Local 115 (respondents)

United Nurses of Alberta, Local 115 (Diana Hurkens-Reurink) (applicant) v. Calgary Health Region (Foothills Medical Centre) (respondent)

Calgary Health Region (Foothills Medical Centre) (applicant) v. United Nurses of Alberta, Local 115 and Diana Hurkens-Reurink (respondents)

(0401 15205; 0501 01222; 0501 00825; 2005 ABQB 384)

Indexed As: Calgary Health Region v. Human Rights and Citizenship Commission (Alta.) et al.

Alberta Court of Queen's Bench

Judicial District of Calgary

Erb, J.

May 25, 2005.

Summary:

A nurse was terminated from her employment with the Calgary Health Region (CHR). The United Nurses of Alberta (UNA), Local 115, filed a grievance on her behalf, alleging discrimination on the basis of physical and mental disability in violation of the collective agreement. The nurse also filed a complaint with the Alberta Human Rights and Citizenship Commission, alleging discrimination on the same grounds. An arbitration board appointed under the Alberta Labour Relations Code held that it had concurrent jurisdiction with the Commission and that it should exercise its jurisdiction and convene a hearing. The CHR and the UNA applied for judicial review of the arbitration board's ruling on jurisdiction.

The Alberta Court of Queen's Bench held that the arbitration board had exclusive jurisdiction to hear and determine the dispute with respect to the validity of the nurse's termination from her employment.

Labour Law - Topic 7041.3

Industrial relations - Collective agreement - Enforcement - Arbitration - Jurisdiction or powers of arbitrator or board - Respecting statutory rights (incl. human rights) - A nurse was terminated from her employment with the Calgary Health Region (CHR) - The United Nurses of Alberta (UNA), Local 115 filed a grievance on her behalf, alleging discrimination on the basis of physical and mental disability in violation of the collective agreement - The nurse also filed a complaint with the Alberta Human Rights and Citizenship Commission, alleging discrimination on the same grounds - An arbitration board appointed under the Alberta Labour Relations Code held that it had concurrent jurisdiction with the Commission and that it should exercise its jurisdiction and convene a hearing - The CHR and the UNA applied for judicial review of the arbitration board's ruling on jurisdiction - The Alberta Court of Queen's Bench held that the arbitration board had exclusive jurisdiction to hear and determine the dispute with respect to the validity of the nurse's termination from her employment - See paragraphs 32 to 67.

Labour Law - Topic 7112

Industrial relations - Collective agreement - Enforcement - Arbitration - Judicial review - Scope of review - [See Labour Law - Topic 7113 ].

Labour Law - Topic 7113

Industrial relations - Collective agreement - Enforcement - Arbitration - Judicial review - Jurisdictional error - A nurse was terminated from her employment with the Calgary Health Region (CHR) - The United Nurses of Alberta (UNA), Local 115, filed a grievance on her behalf, alleging discrimination on the basis of physical and mental disability in violation of the collective agreement - The nurse also filed a complaint with the Alberta Human Rights and Citizenship Commission, alleging discrimination on the same grounds - An arbitration board appointed under the Alberta Labour Relations Code held that it had concurrent jurisdiction with the Commission and that it should exercise its jurisdiction and convene a hearing - The CHR and the UNA applied for judicial review of the arbitration board's ruling on jurisdiction - The Alberta Court of Queen's Bench held that, applying the pragmatic and functional approach, the standard of review applicable to the arbitration board's decision on the nature of its jurisdiction was correctness - The standard of review applicable to the arbitration board's decision to exercise its concurrent jurisdiction was reasonableness - See paragraphs 18 to 31.

Cases Noticed:

Pushpanathan v. Canada (Minister of Citizenship and Immigration), [1998] 1 S.C.R. 982, addendum [1998] 1 S.C.R. 1222; 226 N.R. 201, refd to. [para. 19].

United Nurses of Alberta, Local 115 v. Calgary Health Authority (Foothills Medical Centre) (2004), 339 A.R. 265; 312 W.A.C. 265; 2004 ABCA 7, refd to. [para. 23].

Alberta Union of Provincial Employees et al. v. Lethbridge Community College (2004), 319 N.R. 201; 348 A.R. 1; 321 W.A.C. 1; 238 D.L.R.(4th) 395, refd to. [para. 25].

Amalgamated Transit Union, Local 583 v. Calgary (City) et al. (2005), 377 A.R. 314; 2005 ABQB 228, refd to. [para. 28].

Commission des droits de la personne et des droits de la jeunesse (Que.) v. Quebec (Attorney General) et al., [2004] 2 S.C.R. 185; 321 N.R. 290; 240 D.L.R.(4th) 577; 2004 SCC 39, refd to. [para. 35].

Weber v. Ontario Hydro, [1995] 2 S.C.R. 929; 183 N.R. 241; 82 O.A.C. 321; 125 D.L.R.(4th) 583, refd to. [para. 35].

Alberta v. Alberta Union of Provincial Employees et al. (1998), 230 A.R. 114 (Q.B.), refd to. [para. 44].

Social Services Administration Board (Parry Sound District) v. Ontario Public Service Employees Union, Local 324 et al. (2003), 308 N.R. 271; 177 O.A.C. 235; 230 D.L.R.(4th) 257; 2003 SCC 42, refd to. [para. 46].

Heustis v. New Brunswick Electric Power Commission, [1979] 2 S.C.R. 768; 27 N.R. 103; 25 N.B.R.(2d) 613; 51 A.P.R. 613; 98 D.L.R.(3d) 622, refd to. [para. 47].

Counsel:

Ritu Kullar, for the United Nurses of Alberta and Diana Hurkens-Reurink;

Janice Ashcroft, for the Alberta Human Rights and Citizenship Commission;

Russell D. Albert, for the Calgary Health Region.

These applications were heard before Erb, J., of the Alberta Court of Queen's Bench, Judicial District of Calgary, who delivered the following memorandum of decision on May 25, 2005.