Constitutional Law — Ontario Employment Law

Cherrier v. Attorney General of Canada

Cherrier v AG Canada: Seniority Rights & Charter

This is a constitutional challenge regarding whether seniority rights based on date of hire are protected under the Charter of Rights and Freedoms. The court held that seniority is a collective bargaining concept rather than a vested constitutional right, and thus no Charter violation was found.

Canadian Union of Postal Workers v Her Majesty in Right of Canada

CUPW v Canada: Charter Remedies & Collective Agreement

This is a constitutional and procedural ruling concerning the enforceability of a collective agreement (the Extended Agreement) following the declaration of invalidity of the Restoring Mail Delivery for Canadians Act. The court addressed whether it retained jurisdiction under section 24(1) of the Charter to issue further remedial relief and whether the matter was functus officio.

OPSEU v Ontario

OPSEU v Ontario: Collective Bargaining & Charter Rights

This is a constitutional challenge brought by OPSEU against the Province of Ontario regarding the government's conduct during collective bargaining with the Ontario English Catholic Teachers' Association (OECTA). The central legal issues concern whether Ontario's unilateral imposition of parameters and the OECTA Memorandum of Understanding substantially interfered with meaningful collective bargaining in violation of section 2(d) of the Charter, and whether any such breaches were justified under section 1.

The Professional Institute of the Public Service of Canada v. Canada (Attorney General)

Public Sector Union Challenges Wage Restraint Act

This is a constitutional challenge brought by a public sector union against the federal government regarding the Expenditure Restraint Act. The central legal issue is whether the Act's imposition of wage limits and rollback of previously agreed-upon increases substantially interferes with the freedom of association and the derivative right to collective bargaining under section 2(d) of the Charter. The court must determine if this infringement is justified under section 1 of the Charter, considering the context of an economic crisis and fiscal sustainability.

Labourers' International Union of North America v. Ontario Construction Secretariat

Constitutionality of Construction Industry Regulatory Fees

This is a constitutional challenge regarding the validity of regulatory fees required under the Labour Relations Act and O. Reg. 187/93, which mandate payments to the Ontario Construction Secretariat. The court addressed whether these fees constituted indirect taxation or an infringement of freedom of association, and whether their collection involved impermissible subdelegation of legislative authority.

Schafer v. Canada (Attorney General)

A constitutional law case challenging the validity of unemployment insurance provisions under the Charter of Rights, focusing on equality rights and the application of the limitation clause.

Ontario Public Service Employees Union v. Ontario

Constitutional Jurisdiction: Labour Relations in Aeronautics

This is a constitutional law decision addressing whether provincial labour relations tribunals have jurisdiction over a provincially owned corporation engaged in aeronautics. The court determined that federal jurisdiction over aeronautics includes labour relations as an integral component, thereby precluding provincial legislation from regulating these labour relations.

Hutton v. Ontario (Attorney-General) (H.C.J.)

OPP Collective Bargaining Charter Challenge

This is a constitutional decision regarding the freedom of association and equality rights of Ontario Provincial Police officers concerning their right to collective bargaining. The court found that the complete prohibition on collective bargaining for senior OPP officers violated section 2(d) of the Charter and was not justified. Additionally, the distinction between OPP officers and municipal police officers regarding bargaining rights was found to violate section 15 of the Charter.

Re Lavigne and Ontario Public Service Employees Union et al. (No. 2)

Lavigne v OPSEU: Union Dues and Charter Rights

A constitutional challenge regarding the use of compulsory union dues for non-collective bargaining purposes. The court addressed whether such use violated section 2(d) of the Charter and structured a remedy to minimize infringement of freedom of association.

Re Service Employees' International Union, Local 204 and Broadway Manor Nursing Home et al. and two other applications

This is a constitutional challenge regarding the validity of the Inflation Restraint Act, 1982, as it applied to extended collective agreements for public sector employees. The central legal issues concern whether the Act's retrospective alteration of collective agreements infringed upon the freedom of association under section 2(d) and security of the person under section 7 of the Charter, and if so, whether such infringements were justified under section 1.

Re Terzian et al. and Workmen's Compensation Board et al.

Workers' Comp: Right to Sue vs Charter Rights

This is a constitutional challenge concerning the validity of workers' compensation legislation that removes the right to sue for workplace injuries. The court examined whether removing the right to bring an action for damages violates the right to 'security of the person' under section 7 of the Charter and whether such removal is justified under section 1. The court also addressed jurisdictional issues regarding the administrative tribunal's authority under section 96 of the Constitution Act, 1867.

Re Ontario Public Service Employees Union et al. and Attorney-General for Ontario

Crown Employee Political Activity Restrictions

This is a constitutional decision regarding the validity of provisions in the Public Service Act that restricted the political activities of Crown employees in Ontario. The court upheld the provisions as valid labour legislation regulating conditions of employment under provincial jurisdiction, finding they did not infringe on fundamental political rights or conflict with federal legislation.

Re Canadian Union of Public Employees et al. and Guelph General Hospital et al.

This is a constitutional and labour relations case concerning the jurisdiction of administrative tribunals versus superior courts. The dispute involves the Canadian Union of Public Employees and Guelph General Hospital, focusing on the interpretation of the Labour Relations Act and section 96 of the British North America Act, 1867.

Re Four B Manufacturing Ltd. and United Garment Workers of America

Labour Relations Jurisdiction on Indian Reserve

This is a constitutional law case concerning labour relations jurisdiction. The court determined whether the Ontario Labour Relations Act or the Canada Labour Code applied to an employer operating on an Indian reserve, analyzing federal paramountcy and the 'Indianness' test under section 91(24) of the British North America Act, 1867.

Re Essex County Roman Catholic Separate School Board and Porter et al.

Constitutional Challenge: Teacher Dismissal Rights

This is a constitutional law case concerning the validity of provincial legislation that empowered a Board of Reference to reinstate teachers dismissed by denominational school boards. The court held that the legislation was ultra vires as it prejudicially affected denominational rights protected under section 93(1) of the British North America Act, 1867. The court further upheld the school boards' authority to dismiss teachers for denominational reasons, such as contracting civil marriages, and found that the Board of Reference lacked jurisdiction to override these rights.

Re Dairy Maid Chocolates Ltd.

Vacation Pay Trust in Bankruptcy

This is a constitutional and insolvency ruling concerning the validity of a trust created by provincial employment standards legislation for unpaid vacation pay. The court determined that the Employment Standards Act validly created a trust for employees' vacation pay, which operates as a charge against employer assets and is excluded from divisible assets under federal bankruptcy law.

Regina v. Ontario Labour Relations Board, Ex parte Dunn

Constitutional Validity of Labour Board Jurisdiction

This is a constitutional law case involving judicial review of the Ontario Labour Relations Board's jurisdiction. The court examined the constitutional validity of the Board's authority under sections 92(10)c) and 91 of the B.N.A. Act, 1867, specifically regarding the division of powers between federal and provincial jurisdictions over labour relations.

Pronto Uranium Mines Limited v. The Ontario Labour Relations Board et al. Algom Uranium Mines Limited v. The Ontario Labour Relations Board et al.

Uranium Mining Labour Jurisdiction: Federal vs Provincial

This is a constitutional and jurisdictional ruling concerning the validity of provincial labour legislation as it applies to employees of uranium mining companies. The court addressed whether federal control under The Atomic Energy Control Act precluded the Ontario Labour Relations Board from exercising jurisdiction over the certification of bargaining agents for these workers.

Local 100, United Steel Workers of America v. Steel Company of Canada Limited

Constitutional Validity of Provincial Collective Bargaining Act

A constitutional reference regarding the validity of The Collective Bargaining Act, 1943 (Ont.) and its applicability to war industries. The court examined whether the Act fell within provincial jurisdiction under section 92 of the British North America Act, 1867, and whether it conflicted with federal legislation like The Industrial Disputes Investigation Act and The War Measures Act.