Canada Labour Relations Board and Canada (Attorney General) v. L'Anglais (Paul) Inc. et al., (1983) 47 N.R. 351 (SCC)

• Judge: Dickson, Beetz, Estey, McIntyre, Chouinard, Lamer and Wilson, JJ.
• Court: Supreme Court (Canada)
• Case Date: February 08, 1983
• Jurisdiction: Canada (Federal)
• Citations: (1983), 47 N.R. 351 (SCC);AZ-83111023;47 NR 351;[1983] CarswellQue 101;[1983] RDJ 139;1983 CanLII 121 (SCC);[1983] 1 SCR 147;146 DLR (3d) 202;[1983] ACS no 12;[1983] SCJ No 12 (QL)

CLRB v. L'Anglais Inc. (1983), 47 N.R. 351 (SCC)

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

.........................

Canada Labour Relations Board and Attorney General of Canada v. Paul L'Anglais Inc., J.P.L. Productions Inc., Canadian Union of Public Employees et al.

Indexed As: Canada Labour Relations Board and Canada (Attorney General) v. L'Anglais (Paul) Inc. et al.

Supreme Court of Canada

Dickson, Beetz, Estey, McIntyre, Chouinard, Lamer and Wilson, JJ.

February 8, 1983.

Summary:

A union applied to the Canada Labour Relations Board for certification of the employees of two companies. One of the companies sold air time for five television stations and the other company produced commercials and audio-visual programs which were sold to broadcasters and others. The board decided that it had jurisdiction over the labour relations of the two companies. The companies applied to the Quebec Superior Court for a writ of evocation. The trial judge dismissed the application for a writ of evocation on the ground that he had no jurisdiction in the matter because of s. 18 and s. 28 of the Federal Court Act. The companies appealed to the Quebec Court of Appeal. The Quebec Court of Appeal allowed the appeal and authorized the issue of a writ of evocation. The Canada Labour Relations Board appealed to the Supreme Court of Canada. The Supreme Court of Canada dismissed the appeal.

Constitutional Law - Topic 6686

Federal jurisdiction - Federal undertakings, ancillary powers - Labour relations - The Supreme Court of Canada referred to the principles to be applied in determining the constitutional jurisdiction of the provinces and the federal government in labour relations matters (see paragraphs 48 to 52).

Labour Law - Topic 435

Jurisdiction of Canada Labour Relations Board - A union applied to the Canada Labour Relations Board for certification of the employees of two companies; one company sold air time for five television stations and the other company produced commercials and audiovisual programs which were sold to broadcasters and others - The Supreme Court of Canada affirmed that the labour relations of such companies is a matter which is not within the federal jurisdiction and the jurisdiction of the Canada Labour Relations Board (see paragraphs 54 to 67).

Courts - Topic 5682

Provincial courts - Powers or jurisdiction - Superintending and reforming power - The Supreme Court of Canada referred to the power of provincial superior courts to exercise a superintending and reforming power over provincial and federal government agencies (see paragraphs 12 to 14).

Courts - Topic 5686

Provincial courts - Powers or jurisdiction - Judicial review of federal boards - The Supreme Court of Canada held that a provincial superior court had jurisdiction to review a decision of the Canada Labour Relations Board (which decided a question of whether labour relations within a business fell within provincial or federal jurisdiction) notwithstanding s. 18 of the Federal Court Act (see paragraphs 12 to 47).

Courts - Topic 5683

Provincial courts - Power to determine constitutional validity of federal and provincial statutes - The Supreme Court of Canada referred to the power of provincial superior courts to decide on the constitutionality of federal statutes (see paragraphs 38 and 39).

Constitutional Law - Topic 1003

Interpretation of Constitution Act 1867 - Division of legislative powers - The Supreme Court of Canada stated that both the applicability of a statute and the constitutionality of a statute relate to constitutional jurisdiction (see paragraph 42).

Words and Phrases

Laws of canada - The Supreme Court of Canada discussed the meaning of the phrase "laws of Canada" as found in s. 101 of the Constitution Act 1867 (see paragraphs 25 to 27).

Words and Phrases

Federal work, undertaking or business - The Supreme Court of Canada discussed the meaning of the phrase "federal work, undertaking or business" as found in s. 2 of the Canada Labour Code, R.S.C. 1970, c. L-1 (see paragraph 48).

Cases Noticed:

Valin v. Langlois, 3 S.C.R. 1, refd to. [para. 13].

Three Rivers Boatman Ltd. v. Canada Labour Relations Board, [1969] S.C.R. 607, refd to. [para. 14].

Commonwealth of Puerto Rico and Humberto Pagan Hernandez, [1975] 1 S.C.R. 228, refd to. [para. 17].

Howarth v. National Parole Board, [1976] 1 S.C.R. 453; (1974), 3 N.R. 391, refd to. [para. 17].

Northern Telecom Ltd. v. Communications Workers of Canada, [1980] 1 S.C.R. 115; (1979), 28 N.R. 107, refd to. [para. 22].

Attorney General of Canada v. Canard, [1976] 1 S.C.R. 170; (1975), 4 N.R. 91, refd to. [para. 24].

R. v. Thomas Fuller Construction Co. (1958) Ltd., [1980] 1 S.C.R. 695; (1979), 30 N.R. 279, refd to. [para. 25].

Consolidated Distilleries Ltd. v. Consolidated Exporters Corp. Ltd., [1930] S.C.R. 531, refd to. [para. 26].

Quebec North Shore Paper Co. v. C.P. Ltd., [1977] 2 S.C.R. 1054; (1976), 9 N.R. 471, refd to. [para. 26].

Attorney General of Canada et al. v. Law Society of British Columbia et al., (1982), 43 N.R. 451; 137 D.L.R.(3d) 1, folld. [para. 33].

Construction Montcalm Inc. v. Minimum Wage Commission, [1979] 1 S.C.R. 754; (1978), 25 N.R. 1, refd to. [para. 49].

Francois Nolin Limitee v. Commission des relations de travail du Quebec, [1968] S.C.R. 168, refd to. [para. 54].

Oznaga v. Societe d,exploitation des loteries, [1981] 2 S.C.R. 113; (1981), 40 N.R. 7, refd to. [para. 55].

Rabinovich v. Chechik, [1929] S.C.R. 400, refd to. [para. 55].

Marquette Marketing Corporation Ltd. v. Continental Insurance Co. et al., [1977] C.A. 533, refd to. [para. 55].

Statutes Noticed:

Constitution Act 1867, sect. 101 [para. 15], sect. 129 [para. 14].

Federal Court Act, R.S.C. 1970, 2nd Supp., c. 10, sect. 18 [para. 16].

Canada Labour Code, R.S.C. 1970, c. L-1, sect. 2, sect. 108 [para. 48], sect. 122 [para. 44].

Counsel:

George A. Allison, Q.C., for the Labour Relations Board;

Gaspard Cote, Q.C., for the Attorney General of Canada;

Richard Cleary, for the Union of Public Employees;

Roy Heenan and Guy Dufort, for the respondent Paul L'Anglais Inc.;

Louis Crete and Odette Laverdiere, for the Attorney General of Quebec;

William A. Anderson and Bruce Judah, for the Attorney General of New Brunswick;

Brian A. Crane, Q.C., for the Attorney General of Alberta.

This appeal was heard by DICKSON, BEETZ, ESTEY, McINTYRE, CHOUINARD, LAMER and WILSON, JJ., of the Supreme Court of Canada at Ottawa, Ontario on October 25 and 26, 1982.

The judgment of the Supreme Court of Canada was delivered by CHOUINARD, J., on February 8, 1983.