Oil, Chemical and Atomic Workers, International Union, Local 16-601 v. Imperial Oil Limited

Oil, Chemical and Atomic Workers, International Union, Local 16-601 v. Imperial Oil Limited

Majority: ss.9(6)(c),(d) and (e) are intra vires the Province as legislation in relation to property and civil rights under s.92(13) BNA Act because they regulate use of dues and check-off created by provincial statute to protect individual employees from compelled political contributions; consequential provisions (d) and (e) validly secure compliance. Dissent: provisions are ultra vires because they regulate political activity and federal elections, exceeding provincial competence.

Citation
[1963] SCR 584
Parties
Plaintiff/appellant: Oil, Chemical and Atomic Workers International Union, Local 16-601; Defendant/respondent: Imperial Oil Limited; Intervenant/respondent: Attorney-General of British Columbia
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
1 October 1963
Procedural Posture
Appeal; Constitutional Challenge to Provincial Labour Legislation / Decision on Appeal to the Supreme Court of Canada
Outcome
Appeal dismissed; majority upholding validity of ss.9(6)(c),(d) and (e) of the Labour Relations Act (B.C.)
Legal Topics
Division of Powers, Trade Unions, Freedom of Political Association, Check Off Deductions, Ultra Vires
Source Language
English
Constitutional Law Labour Law Administrative Law Division of Powers Trade Unions Freedom of Political Association Check Off Deductions Ultra Vires

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Parties

Oil, Chemical and Atomic Workers International Union, Local 16-601

Plaintiff/appellant

Imperial Oil Limited

Defendant/respondent

Attorney-General of British Columbia

Intervenant/respondent

Procedural Posture

Appeal; Constitutional Challenge to Provincial Labour Legislation / Decision on Appeal to the Supreme Court of Canada

Legal Issues

  1. 1 Whether ss.9(6)(c),(d) and (e) of the Labour Relations Act (B.C.) are intra vires the Province
  2. 2 Whether provincial power over property and civil rights (s.92(13) BNA Act) includes limiting use of union dues obtained by statutory check-off for political purposes
  3. 3 Whether the impugned provisions improperly intrude into federal jurisdiction over elections and political activity

Ratio Decidendi

Majority: ss.9(6)(c),(d) and (e) are intra vires the Province as legislation in relation to property and civil rights under s.92(13) BNA Act because they regulate use of dues and check-off created by provincial statute to protect individual employees from compelled political contributions; consequential provisions (d) and (e) validly secure compliance. Dissent: provisions are ultra vires because they regulate political activity and federal elections, exceeding provincial competence.

Court Disposition

Appeal dismissed; majority upholding validity of ss.9(6)(c),(d) and (e) of the Labour Relations Act (B.C.)

Orders

  • Appeal dismissed
  • No order as to costs