HUMAN RIGHTS |
Canadian Broadcasting Corporation v. Syndicat des communications de Radio-Canada (FCN-CSN)
T-1219-00
2002 FCT 793, Beaudry J.
16/7/02
15 pp.
Application for judicial review of CHRC decision to deal with, inquire into wage discrimination complaint filed by Syndicat des communications de Radio-Canada (SCRC) based on Canadian Human Rights Act, s. 11--Issue whether gist of dispute raised by SCRC falling within collective agreement concluded beween Corporation and SCRC, thus within exclusive jurisdiction of grievance adjudicator, to exclusion of Commission--Collective agreement containing clause prohibiting discrimination on grounds of sex, final grievance resolution clause by grievance and arbitration--Canada Labour Code containing full privative clause for arbitral awards--Application dismissed--Applicable standard of judicial review here being correctness--Settled law, only clear legislative pronouncement ousting application of Canadian Human Rights Act, s. 41(1): Société Radio-Canada v. Leila Paul, [1999] 2 F.C. 3 (T.D.)--In Ford Motor Co. of Canada v. Ontario (Human Rights Commission), [2001] O.J. No. 4937 (QL) (C.A.), Ontario Court of Appeal held human rights legislation quasi-constitutional, can only be excluded by clear pronouncement to that effect--Code, s. 60 not excluding jurisdiction of Commission; would have been necessary to do so expressly--To overturn application of Act, clear and unambiguous legislative provision necessary, not case here-- Gist of matter not determined by implementation or interpretation of collective agreement, but by negotiation that took place between parties, namely, Corporation and SCRC-- As law not finally settled by courts, in view of appeals before Supreme Court of Canada, no costs awarded--To ensure lasting industrial peace in employer-union dealings, would be in Parliament's interest to give jurisdiction to single authority to decide disputes involving employment, human rights-- Canadian Human Rights Act, R.S.C., 1985, c. H-6, ss. 11, 41(1) (as am. by S.C. 1995, c. 44, s. 49)--Canada Labour Code, R.S.C., 1985, c. L-2, s. 60 (as am. by S.C. 1998, c. 26, s. 27).