Health Care Corp. of St. John's et al. v. Newfoundland and Labrador Association of Public and Private Employees, (2000) 196 Nfld. & P.E.I.R. 275 (NFTD)

• Court: Supreme Court of Newfoundland and Labrador (Canada)
• Case Date: December 13, 2000
• Jurisdiction: Newfoundland and Labrador
• Citations: (2000), 196 Nfld. & P.E.I.R. 275 (NFTD)

Health Care v. NLAPPE (2000), 196 Nfld. & P.E.I.R. 275 (NFTD);

    589 A.P.R. 275

MLB headnote and full text

Temp. Cite: [2000] Nfld. & P.E.I.R. TBEd. DE.020

In The Matter Of Rule 53 of the Rules of the Supreme Court, 1986, as amended;

And In The Matter Of Karen Aubrey, Jacinta Besso-Waterman, Margaret Bishop, Bob Browne, Leona Browne, Laverne Hutchings, Shawn Monahan, Geraldine Murray, Linda Rideout, Marilyn Rose, Deborah Woodford, Jerry Hopkins, Bonnie Lethbridge, Rajan Mathew, Roy Mavin, Jacqueline Norcott, Paul O'Brien, Agnes Ryles, Lenora Short, Mary Louise Tilley and Margaret Traverse, being persons against whom applications for contempt orders have been made and in respect of which guilty pleas have been received.

Health Care Corporation Of St. John's in operation of: Children's Rehabilitation Centre, Pleasantville, St. John's, NF; Dr. Charles A. Janeway Child Health Centre, Pleasantville, St. John's, NF; Dr. Leonard A. Miller Centre, Forest Road, St. John's, NF; Dr. Walter Templeman Hospital, Bell Island, NF; General Hospital, Prince Philip Drive, St. John's, NF, St. Clare's Mercy Hospital, LeMarchant Road, St. John's, NF; Waterford Hospital, Waterford Bridge Road, St. John's, NF, including the Community Centre, Long Pond, Conception Bay South, NF; Centre for Nursing Studies, Southcott Hall, Forest Road, St. John's, NF; Central Laundry, Pleasantville, St. John's, NF, and Peninsulas Health Care Corporation in operation of: Bay L'Argent Medical Clinic, Bay L'Argent, NF; Blue Crest Inter Faith Home, Grand Bank, NF; Bonavista Peninsula Health Centre, Bonavista, NF; Burin Peninsula Health Centre, Salt Pond, NF; Come-by-Chance Clinic, Come-by- Chance, NF; Dr. G. B. Cross Memorial Hospital, Clarenville, NF; Golden Heights Manor Nursing Home, Bonavista, NF; Grand Bank Community Health Centre, Grand Bank, NF; U.S. Memorial Health Care Centre, St. Lawrence, NF, and Central West Health Board, in operation of: A. M. Guy Memorial Health Care Centre, Buchans, NF; Dr. Hugh Twomey Health Centre, Botwood, NF; Green Bay Health Centre, Springdale, NF; Harbour Breton Hospital, Harbour Breton, NF; North Haven Manor, Lewisporte, NF; Valley Vista Senior Citizens Home, Springdale, NF and: Newfoundland Cancer Treatment And Research Foundation (plaintiffs) v. Newfoundland And Labrador Association of Public and Private Employees (defendant)

(2000 No. 01T 2816)

Indexed As: Health Care Corp. of St. John's et al. v. Newfoundland and Labrador Association of Public and Private Employees

Newfoundland Supreme Court

Trial Division

Green, C.J.T.D.

December 13, 2000.

Summary:

Twenty-one unionized employees (labora­tory and x-ray personnel at health care centres) pleaded guilty to contempt by dis­obeying a court injunction restraining an unlawful strike. The employees failed to report for work for scheduled shifts. All 21 acknowledged breaching the court order and apologized to the court. At issue was the appropriate penalty for civil contempt.

The Newfoundland Supreme Court, Trial Division, fined each employee $100 per shift missed (2-5 shifts). Additionally, the three employees who were either shop stewards or minor union officials were fined an extra $75 each. The employees were given 120 days to either (1) pay the fine into court; (2) pay the amount to the charitable foundation at their respective health care centres; or (3) provide one full shift without pay in lieu of the fine. The three employees involved in the union had to work two full shifts.

Contempt - Topic 3301

Punishment - General - The Newfoundland Supreme Court, Trial Division, discussed the range of penalties available to the court in punishing civil contempt - See para­graphs 24 to 36.

Contempt - Topic 3315

Punishment - Fines - Twenty-one union­ized employees (laboratory and x-ray personnel at health care centres) pleaded guilty to contempt by disobeying a court injunction restraining an unlawful strike - The employees failed to report for work for scheduled shifts - All 21 acknowledged breaching the court order and apologized to the court - At issue was the appropriate penalty for civil contempt - The Newfoundland Supreme Court, Trial Divi­sion, fined each employee $100 per shift missed (2-5 shifts) - Additionally, the three employees who were either shop stewards or minor union officials were fined an extra $75 each - The employees were given 120 days to either (1) pay the fine into court; (2) pay the amount to the chari­table foundation at their respective health care centres; or (3) provide one full shift without pay in lieu of the fine - The three employees involved in the union had to work two full shifts - See paragraphs 24 to 90.

Contempt - Topic 3315.1

Punishment - Monetary orders - [See Contempt - Topic 3315 ].

Cases Noticed:

Poje v. British Columbia (Attorney Gen­eral), [1953] S.C.R. 516, refd to. [para. 18].

United Nurses of Alberta v. Alberta (Attor­ney General), [1992] 1 S.C.R. 901; 135 N.R. 321; 125 A.R. 241; 14 W.A.C. 241; 1 Alta. L.R.(3d) 129; [1992] 3 W.W.R. 481, refd to. [para. 18].

Gerson, In Re, [1946] S.C.R. 538, refd to. [para. 24].

R. v. D.R. (1999), 178 Nfld. & P.E.I.R. 200; 544 A.P.R. 2000 (Nfld. C.A.), refd to. [para. 28].

MacKenzie v. Martin, [1954] S.C.R. 361, refd to. [para. 28].

Morris v. Crown Office, [1970] 1 All E.R. 1079 (C.A.), refd to. [para. 31].

MacMillan Bloedel Ltd. v. Brown et al. (1994), 44 B.C.A.C. 241; 71 W.A.C. 241; 88 C.C.C.(3d) 148 (C.A.), refd to. [para. 31].

Westfair Foods Ltd. v. Naherny et al. (1990), 63 Man.R.(2d) 238 (C.A.), refd to. [para. 34].

Morrow, Power v. Newfoundland Tele­phone Co. et al. (1991), 89 Nfld. & P.E.I.R. 278; 278 A.P.R. 278 (Nfld. T.D.), revd. (1994), 121 Nfld. & P.E.I.R. 334; 377 A.P.R. 334 (Nfld. C.A.), refd to. [para. 37].

R. v. Puddister (L.) et al. (2000), 191 Nfld. & P.E.I.R. 163; 577 A.P.R. 163 (Nfld. T.D.), refd to. [para. 40].

Tilco Plastics Ltd. v. Skurjat et al. (1966), 57 D.L.R.(2d) 596 (Ont. H.C.), affd. [1967] 1 O.R. 609 (C.A.), leave to appeal refused [1967] 1 O.R. 609 (S.C.C.), refd to. [para. 40].

United Food and Commercial Workers Union, Local 1400 v. Woolworth (F.W.) Co. and McCrea (1992), 107 Sask.R. 253 (Q.B.), refd to. [para. 42].

Saskatchewan Health-Care Association et al. v. Saskatchewan Union of Nurses et al. (1999), 182 Sask.R. 248; 177 D.L.R.(4th) 235 (Q.B.), refd to. [para. 43].

Quebec (Attorney General) v. Charbonneau et al. (1972), 40 D.L.R.(3d) 65 (Que. C.A.), refd to. [para. 43].

R. v. Fallofield (1973), 13 C.C.C.(2d) 450 (B.C.C.A.), refd to. [para. 62].

Iron Ore Co. of Canada v. Unified Steelworkers of America, Local 5795 and Dwyer et al. (1977), 20 Nfld. & P.E.I.R. 46; 53 A.P.R. 46 (Nfld. T.D.), affd. (1979), 20 Nfld. & P.E.I.R. 27; 53 A.P.R. 27 (Nfld. C.A.), refd to. [paras. 18, 66].

New Brunswick Electric Power Commis­sion v. International Brotherhood of Electrical Workers AFL-CIO-CLC, Local 1733 (1976), 16 N.B.R.(2d) 361; 21 A.P.R. 361 (C.A.), refd to. [para. 71].

Authors and Works Noticed:

Thomas, D.A., Principles of Sentencing (1st Ed. 1970), pp. 217 to 218 [para. 32].

Counsel:

Augustus G. Lilly, for the plaintiffs;

Sheila Greene, for the contemnors.

This case was heard before Green, C.J.T.D., of the Newfoundland Supreme Court, Trial Division, who delivered the following judgment on December 13, 2000.