Canadian Pioneer Management Ltd. et al. v. Labour Relations Board of Saskatchewan and Saskatchewan Joint Board, Retail, Wholesale and Department Store, (1979) 31 N.R. 361 (SCC)

• Judge: Laskin, C.J.C., Martland, Ritchie, Pigeon, Dickson, Beetz, Estey, Pratte and McIntyre, JJ.
• Court: Supreme Court (Canada)
• Case Date: December 21, 1979
• Jurisdiction: Canada (Federal)
• Citations: (1979), 31 N.R. 361 (SCC);107 DLR (3d) 1;[1980] 1 SCR 783;[1980] 1 SCR 433;1979 CanLII 180 (SCC);[1980] 3 WWR 214;1979 CanLII 188 (SCC);31 NR 361

Cdn. Pioneer Mgt. Ltd. v. LRB (1979), 31 N.R. 361 (SCC)

MLB headnote and full text

Canadian Pioneer Management Ltd., Pioneer Life Assurance Co., and Pioneer Trust Co. v. Labour Relations Board of Saskatchewan, Saskatchewan Joint Board, Retail, Wholesale and Department Store Union and Attorney General of Canada et al.

Indexed As: Canadian Pioneer Management Ltd. et al. v. Labour Relations Board of Saskatchewan and Saskatchewan Joint Board, Retail, Wholesale and Department Store

Supreme Court of Canada

Laskin, C.J.C., Martland, Ritchie, Pigeon, Dickson, Beetz, Estey, Pratte and McIntyre, JJ.

December 21, 1979.

Summary:

This case arose out of 2 applications for certification to the Saskatchewan Labour Relations Board. One application was made by employees of the Pioneer Life Assurance Company and another by employees of the Pioneer Trust Company. Both companies challenged the jurisdiction of the Saskatchewan Labour Relations Board on the ground that the labour relations of both companies were regulated under the Canada Labour Code (a federal statute). Both companies applied to the Saskatchewan Court of Queen's Bench for an order of certiorari to quash the certification order of the Saskatchewan Labour Relations Board. The Court of Queen's Bench dismissed the applications. The companies appealed to the Saskatchewan Court of Appeal.

The Saskatchewan Court of Appeal dismissed the appeal and affirmed the judgment of the Court of Queen's Bench. The companies appealed to the Supreme Court of Canada.

The Supreme Court of Canada dismissed the appeal and affirmed the jurisdiction of the Saskatchewan Labour Relations Board to hear the applications for certification.

Constitutional Law - Topic 7290

Enumeration in s. 92 of the British North America Act - Property and civil rights - Regulatory statutes, labour relations - A life insurance company carried on business in Alberta, Saskatchewan and Manitoba - The insurance company was incorporated under the laws of Saskatchewan but was also registered under the Canadian and British Insurance Companies Act (a federal statute) - Employees of the insurance company applied for certification to the Saskatchewan Labour Relations Board - The Supreme Court of Canada affirmed that the Saskatchewan Labour Relations Board had jurisdiction to certify a union to represent employees of the insurance company (see paragraphs 5 to 9 and 74).

Constitutional Law - Topic 7290

Enumeration in s. 92 of the British North America Act - Property and civil rights - Regulatory statutes, labour relations - A trust company was incorporated under the Trust Companies Act (a federal statute) and carried on business in Alberta, Saskatchewan and Manitoba - The trust company offered most of the services offered by banks (see paragraphs 11 and 12) - Employees of the trust company applied for certification to the Saskatchewan Labour Relations Board - The trust company claimed to be in the banking business and subject to federal legislation respecting labour relations - The Supreme Court of Canada affirmed that the Saskatchewan Labour Relations Board had jurisdiction to certify a union to represent employees of the trust company - The Supreme Court of Canada emphasized an institutional approach rather than a functional approach in defining what constitutes the business of banking (see paragraphs 55 to 59).

Constitutional Law - Topic 6162

Enumeration in s. 91 of the British North America Act - Banking defined - The Supreme Court of Canada adopted a definition of the business of banking (see paragraph 55).

Words and Phrases

Bank - The Supreme Court of Canada discussed the meaning of the word "bank" for purposes of the Bank Act (see paragraphs 15 and 16).

Cases Noticed:

Citizens Insurance Company of Canada v. Parsons (1881), 7 A.C. 96, refd to. [paras. 9 and 57].

Canadian Indemnity Co. et al. v. Attorney General of British Columbia, 11 N.R. 466; [1977] 2 S.C.R. 504, refd to. [para. 9].

Letter Carriers' Union of Canada v. Canadian Union of Postal Workers and M & B Enterprises Ltd., [1975] 1 S.C.R. 178, refd to. [para. 14].

Reference re Industrial Relations and Disputes Investigation Act, [1955] S.C.R. 529, refd to. [para. 18].

Union Colliery v. Bryden, [1899] A.C. 580, refd to. [para. 18].

Commission du Salaire Minimum v. Bell Telephone Company of Canada, [1966] S.C.R. 767, refd to. [para. 18].

Canadian Pacific Railway v. Attorney General of British Columbia, [1950] A.C. 122, refd to. [para. 20].

Canada Labour Relations Board v. C.N.R., 1 N.R. 547; [1975] 1 S.C.R. 786, refd to. [para. 20].

Morgan and Jacobson v. Attorney General of Prince Edward Island, 5 N.R. 455; [1976] 2 S.C.R. 349, refd to. [para. 20].

Foley v. Hill (1848), 2 H.L. Cas. 28; 9 E.R. 1002, refd to. [para. 26].

Joachimson v. Swiss Bank Corporation, [1921] 3 K.B. 110, refd to. [para. 26].

Attorney General of Canada v. Attorney General of Quebec, [1947] A.C. 33, refd to. [paras. 26 and 78].

Provincial Treasurer of the Province of Manitoba v. Minister of Finance for Canada, [1943] S.C.R. 370, refd to. [para. 26].

Colonial Building and Investment Association v. Attorney General of Quebec (1883-84), 9 A.C. 157, refd to. [para. 30].

Reference re Alberta Statutes (Alberta Statutes Reference), [1938] S.C.R. 100, refd to. [para. 34].

Attorney General of Alberta v. Attorney General of Canada, [1939] A.C. 117, refd to. [para. 34].

Breckenridge Speedway v. The Queen, [1970] S.C.R. 175, refd to. [para. 36].

United Dominions Trust v. Kirkwood, [1966] 1 All E.R. 968, refd to. [para. 39].

In re the District Savings Bank Limited (1861), 45 E.R. 907, refd to. [para. 41].

In re the Bottomage Industrial Cooperative Society, [1891-2] L.T. Reports 712, refd to. [para. 41].

Bank of Chettinad Limited, of Colombo v. Commissioner of Income Tax, Colombo, [1948] A.C. 378, refd to. [para. 41].

Dominion Trust Company case, [1918] 3 W.W.R. 1023, refd to. [para. 41].

Caisse Populaire Notre-Dame Limitée v. Moyen (1967), 61 D.L.R.(2d) 118, refd to. [para. 41].

In re Shields' Estate, [1901] 1 Ir. R. 172, refd to. [para. 46].

Attorney General of Alberta v. Attorney General of Canada, [1947] A.C. 503, refd to. [para. 58].

Bank of New South Wales v. The Commonwealth (1947-48), 76 C.L.R. 1, refd to. [para. 59].

Commonwealth of Australia v. Bank of New South Wales, [1950] A.C. 235, refd to. [para. 60].

Tennant v. Union Bank of Canada, [1894] A.C. 31, refd to. [para. 61].

Reference as to whether "Indians" in s. 91(94) of the B.N.A. Act includes Eskimo inhabitants of the Province of Quebec, [1939] S.C.R. 104, refd to. [para. 69].

Statutes Noticed:

Labour Code (Canada), R.S.C. 1970, c. L-1, sect. 2(i) [para. 8].

B.N.A. Act 1867, sect. 91(15) [para 14].

Interpretation Act, R.S.C. 1970, c. I-23, sect. 20(3) [para. 50]; sect. 28 [para. 15].

Authors and Works Noticed:

Baxter, Ian F.G., Law of Banking and the Canadian Bank Act (2d), 1968, page 5 [para. 23].

Chorley, Law of Banking (4d), page 23 [para. 23].

Baum, Daniel J., The Near-Banks: Trust Companies of Canada (1970-71), 45 Tulane Law Review 546 [para. 26].

Hogg, Peter W., Constitutional Law of Canada (1977), page 367 [para. 26].

Ellinger, E.P., Travellers' Cheques and the Law (1969), 19 U. of T.L.J. 132 [para. 28].

McDonald, Patrick N., The B.N.A. Act and the Near Banks: A case study in federalism (1972), 10 Alberta L. Rev. 155 [para. 33].

Leaf, M. Walter, Banking [para. 35].

Encyclopedia Britannica [para. 35].

Johnston, C.C., Judicial Comment on the Concept of "Banking Business" (1962), 2 Osgoode Hall L.J. 347 [para. 37].

Counsel:

B.A. Crane, Q.C., R.P. Rendek and D.A. Canham, for the appellants;

D.G. McLeod, Q.C., for the respondent Saskatchewan Labour Relations Board;

T.B. Smith, Q.C., and James Mabbutt, for the intervenant Attorney General of Canada;

D.A. McKillop, for the intervenant Attorney General of Saskatchewan;

J. Cavarzan, for the intervenant Attorney General of Ontario;

Henri Brun and Odette Laverdiere, for the intervenant Attorney General of Quebec;

J.W. Kavanagh, Q.C., and Gordon D. Gillis, for the intervenant Attorney General of Nova Scotia;

Alan D. Reid, for the intervenant Attorney General of New Brunswick;

William Henkel, Q.C., and Howard Kushner, for the intervenant Attorney General of Alberta;

James A. Nesbitt, Q.C., for the intervenant Attorney General of Newfoundland.

This appeal was heard by LASKIN, C.J.C., MARTLAND, RITCHIE, PIGEON, DICKSON, BEETZ, ESTEY, PRATTE and McINTYRE, JJ. of the Supreme Court of Canada at Ottawa, Ontario on June 20, 1979.

The judgment of the Supreme Court of Canada was delivered on December 21, 1979 and the following opinions were filed:

BEETZ, J. - see paragraphs 1 to 73.

LASKIN, C.J.C. - see paragraphs 74 to 80.

MARTLAND, RITCHIE, PIGEON, ESTEY, PRATTE and McINTYRE, JJ. concurred with BEETZ, J.

DICKSON, J. concurred with LASKIN, C.J.C.

PRATTE, J. participated in the judgment but was not a party to the reasons.