Lavigne v. Human Resources Development

Lavigne v. Human Resources Development

The Labour Market Agreement did not constitute a delegation of federal authority to Quebec such that Emploi-Québec acted on behalf of a federal institution; it was a federal contribution arrangement authorized by the Employment Insurance Act and implemented through Quebec statutory authority, and conditional federal funding does not make Quebec a federal institution for purposes of the OLA; the Federal Court lacked jurisdiction to grant the Part X OLA remedies against provincial respondents on the facts and the applicant failed to establish the factual basis required for Charter or ultra vires declarations; the application is dismissed.

Citation
2001 FCT 1365
Parties
Applicant: Robert Lavigne; Respondent: Human Resources Development; Respondent: Attorney General of Canada; Respondent: Minister of State for Labour and Employment of Quebec; Respondent: Attorney General for Quebec
Court
Federal Court
Jurisdiction
Canada
Judgment Date
12 December 2001
Procedural Posture
Application Under Section 77 of the Official Languages Act / Federal Court (trial Division) Reasons for Order; Final Judgment
Outcome
Application dismissed
Legal Topics
Official Languages Act, Employment Insurance Act, Delegation of Administrative Functions, Spending Power, Charter Challenges, Jurisdiction and Standing
Source Language
English
Constitutional Law Administrative Law Language Rights Federalism Official Languages Act Employment Insurance Act Delegation of Administrative Functions Spending Power +2 more

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Parties

Robert Lavigne

Applicant

Human Resources Development

Respondent

Attorney General of Canada

Respondent

Minister of State for Labour and Employment of Quebec

Respondent

Attorney General for Quebec

Respondent

Procedural Posture

Application Under Section 77 of the Official Languages Act / Federal Court (trial Division) Reasons for Order; Final Judgment

Legal Issues

  1. 1 Whether the Official Languages Act (Part IV and Part X) applies to the Canada-Quebec Labour Market Agreement
  2. 2 Whether the federal government delegated federal functions to Quebec such that Quebec acts on behalf of a federal institution under s.25 OLA
  3. 3 Whether the federal spending power or contribution agreement renders Quebec a federal institution or binds it to the OLA

Ratio Decidendi

The Labour Market Agreement did not constitute a delegation of federal authority to Quebec such that Emploi-Québec acted on behalf of a federal institution; it was a federal contribution arrangement authorized by the Employment Insurance Act and implemented through Quebec statutory authority, and conditional federal funding does not make Quebec a federal institution for purposes of the OLA; the Federal Court lacked jurisdiction to grant the Part X OLA remedies against provincial respondents on the facts and the applicant failed to establish the factual basis required for Charter or ultra vires declarations; the application is dismissed.

Court Disposition

Application dismissed

Orders

  • Application for remedy under section 77 OLA dismissed
  • No declaration that the Official Languages Act applies to the Canada-Quebec Labour Market Agreement