British Columbia Teachers’ Federation v. British Columbia

British Columbia Teachers’ Federation v. British Columbia

The Coalition was granted leave to intervene because, although its position aligns with the Province, it would provide a distinct and potentially helpful perspective of small and medium business interests on s.2(d) interpretation; Ms. Litzcke was refused because she would not assist the court on the legal issues and lacks a sufficiently broad representative basis. Intervention was permitted on limited, specified terms to avoid duplication and delay.

Citation
2014 BCCA 341
Parties
Respondent/plaintiff: British Columbia Teachers' Federation; Appellant/defendant: Her Majesty the Queen in Right of the Province of British Columbia; Proposed Intervenor: Coalition of British Columbia Businesses; Proposed Intervenor: Karin Litzcke
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
1 August 2014
Procedural Posture
Constitutional Appeal (charter S.2(d)) / Interlocutory Application for Intervenor Status; Appeals Scheduled for Hearing
Outcome
Application of Coalition of British Columbia Businesses granted (limited to CA041558); application of Karin Litzcke refused
Legal Topics
Charter S.2(d) Freedom of Association, Collective Bargaining, Intervention, Remedies, Declaratory Relief, Damages
Source Language
English
Constitutional Law Labour Law Civil Procedure Administrative Law Charter S.2(d) Freedom of Association Collective Bargaining Intervention Remedies +2 more

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Parties

British Columbia Teachers' Federation

Respondent/plaintiff

Her Majesty the Queen in Right of the Province of British Columbia

Appellant/defendant

Coalition of British Columbia Businesses

Proposed Intervenor

Karin Litzcke

Proposed Intervenor

Procedural Posture

Constitutional Appeal (charter S.2(d)) / Interlocutory Application for Intervenor Status; Appeals Scheduled for Hearing

Legal Issues

  1. 1 Whether proposed intervenors should be granted leave to intervene
  2. 2 Interpretation and application of s.2(d) of the Charter to legislated limits on collective bargaining (class size and composition)
  3. 3 Appropriate remedies for Charter breaches including retroactive declarations and damages

Ratio Decidendi

The Coalition was granted leave to intervene because, although its position aligns with the Province, it would provide a distinct and potentially helpful perspective of small and medium business interests on s.2(d) interpretation; Ms. Litzcke was refused because she would not assist the court on the legal issues and lacks a sufficiently broad representative basis. Intervention was permitted on limited, specified terms to avoid duplication and delay.

Court Disposition

Application of Coalition of British Columbia Businesses granted (limited to CA041558); application of Karin Litzcke refused

Orders

  • Coalition granted leave to intervene in Appeal No. CA041558 on terms set out below
  • Coalition may file a factum not exceeding 20 pages containing submissions not duplicative of the Province's factum