R. v. Foremost Transport Personnel and Management Services Ltd. and Alberta (Attorney General), (1982) 42 A.R. 237 (CA)

• Judge: McDermid, Belzil and Stevenson, JJ.A.
• Court: Court of Appeal (Alberta)
• Case Date: December 03, 1982
• Citations: (1982), 42 A.R. 237 (CA)

R. v. Foremost Transport Personnel (1982), 42 A.R. 237 (CA)

MLB headnote and full text

R. v. Foremost Transport Personnel and Management Services Ltd. and Attorney General of Alberta (intervenor)

(Appeal No. 15392)

Indexed As: R. v. Foremost Transport Personnel and Management Services Ltd. and Alberta (Attorney General)

Alberta Court of Appeal

McDermid, Belzil and Stevenson, JJ.A.

December 3, 1982.

Summary:

Foremost Transport was charged with contravening the Alberta Labour Act. The charge was dismissed on the ground that the Alberta Labour Act did not apply to Foremost because it was involved in interprovincial trucking. The Crown appealed to the Alberta Court of Queen's Bench.

The Alberta Court of Queen's Bench dismissed the Appeal. The judgment of the Court of Queen's Bench is not reported in this series of reports. The Crown appealed to the Alberta Court of Appeal.

The Alberta Court of Appeal dismissed the Appeal.

Constitutional Law - Topic 6642

Federal jurisdiction - Interprovincial works - Transportation - An independently owned trucking company contracted with Simpsons-Sears Ltd. for the transportation of the retailer's goods within Alberta and out of Alberta - The Alberta Court of Appeal held that the trucking company was a federal or interprovincial undertaking and was not subject to the Alberta Labour Act.

Constitutional Law - Topic 6641

Federal jurisdiction - Interprovincial works and undertakings - The Alberta Court of Appeal stated that once it is decided that as a matter of law that an activity can be found to be federal, then it is a question of fact whether it is federal (see paragraph 6).

Cases Noticed:

Montcalm Construction Inc. v. Minimum Wage Commission (1978), 25 N.R. 1, 93 D.L.R.(3d) 641, ref'd to. [para. 4].

Reference Re Industrial Relations and Disputes Investigation Act (Stevedores case), [1955] S.C.R. 529, ref'd to. [para. 6].

Letter Carriers Union of Canada v. Canadian Union of Postal Workers and M and B Enterprises Ltd., [1975] 1 S.C.R. 178, ref'd to. [para. 6].

R. v. Ontario Labour Relations Board, Ex Parte Northern Electric Co. Ltd., [1970] 2 O.R. 654 (Ont. H.C.); [1971 1 O.R. 121, ref'd to. [para. 6].

A.G. (Ontario) v. Winner, [1954] A.C. 549, ref'd to. [para. 6].

R. v. Toronto Magistrates, Ex Parte Tank Truck Transport Ltd., [1960] O.R. 497, ref'd to. [para. 7].

R. v. Cookville Magistrate's Court Ex Parte Liquid Cargo Lines Ltd., [1965] 1 O.R. 84, ref'd to. [para. 7].

Re Canadian Airline Employees Association and Wardair (1979), 25 N.R. 613, 97 D.L.R.(3d) 38, dist. [para. 10].

Re Pacific Produce Delivery and Warehouses Ltd. and Retail, Wholesale and Department Store Union, Local No. 580 (1974), 44 D.L.R.(3d) 130, ref'd to. [para. 11].

Statutes Noticed:

Labour Act, R.S.A. 1980, c. L-1.

Counsel:

L. Nelson, for the appellant;

A.O. Ackroyd, Q.C., for the respondent.

This appeal was heard by McDERMID, BELZIL and STEVENSON, JJ.A., of the Alberta Court of Appeal. The judgment of the Court of Appeal was delivered by STEVENSON, J.A., at Edmonton, Alberta, on December 3, 1982.