CUPE, Air Canada Component v. Air Canada

CUPE, Air Canada Component v. Air Canada

For complaints filed under s.127.1 of the Canada Labour Code the internal complaint resolution process must be exhausted before recourse to a Health and Safety Officer under s.127.1(8); Transport Canada's decision to decline to investigate CUPE's s.127.1 complaint pending exhaustion of internal procedures was legally correct; s.145 does not provide an independent basis to short-circuit the s.127.1 process, though s.141 permits independent Transport Canada investigations in appropriate cases.

Citation
2009 FC 12
Parties
Applicant: CUPE, Air Canada Component; Respondent: Air Canada
Court
Federal Court
Jurisdiction
Canada
Judgment Date
6 January 2009
Procedural Posture
Judicial Review / Federal Court Judgment (application Dismissed)
Outcome
Application dismissed with costs payable to Air Canada.
Legal Topics
Canada Labour Code Part II, Health and Safety Officer Jurisdiction, Refusal to Work, Internal Complaint Resolution, Judicial Review, Fettering of Discretion
Source Language
English
Labour Law Administrative Law Occupational Health and Safety Statutory Interpretation Canada Labour Code Part II Health and Safety Officer Jurisdiction Refusal to Work Internal Complaint Resolution +2 more

Case Brief

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Parties

CUPE, Air Canada Component

Applicant

Air Canada

Respondent

Procedural Posture

Judicial Review / Federal Court Judgment (application Dismissed)

Legal Issues

  1. 1 Whether Transport Canada's refusal to investigate constituted jurisdictional error or fettering of discretion
  2. 2 Whether the internal complaint resolution process under s.127.1 must be exhausted before a Health and Safety Officer may investigate under s.127.1
  3. 3 Scope and interplay of ss.127.1, 145 and 141 of the Canada Labour Code

Ratio Decidendi

For complaints filed under s.127.1 of the Canada Labour Code the internal complaint resolution process must be exhausted before recourse to a Health and Safety Officer under s.127.1(8); Transport Canada's decision to decline to investigate CUPE's s.127.1 complaint pending exhaustion of internal procedures was legally correct; s.145 does not provide an independent basis to short-circuit the s.127.1 process, though s.141 permits independent Transport Canada investigations in appropriate cases.

Court Disposition

Application dismissed with costs payable to Air Canada.

Orders

  • Application dismissed with costs payable to Air Canada.
  • Parties to file further briefs (not exceeding 5 pages) within 7 days on the quantification of costs.