Sentences with phrase «alternative statutory scheme»

The Canada Labour Code offers an alternative statutory scheme for non-unionized employees consisting of expansive protections much like those available to employees covered by collective agreements.

The issue in this appeal is whether Parliament's intention behind amendments to the Canada Labour Code [1] in 1978 was to offer an alternative statutory scheme consisting of expansive protections much like those available to employees covered by a collective agreement.

Given the indications of the Supreme Court in Nicklinson about the relevance of an alternative statutory scheme to proportionality it was arguable that each justification should have been tested against all of the relevant evidence.

The issue in this appeal is whether Parliament's intention behind amendments to the Canada Labour Code [1] in 1978 was to offer an alternative statutory scheme consisting of... [more]

Not exact matches

This deference is present whether the board in question is a «statutory» or a private tribunal (on the distinction in the labour relations context, see Roberval Express Ltée v. Transport Drivers, Warehousemen and General Workers Union, Local 106, [1982] 2 S.C.R. 888, Howe Sound Co. v. International Union of Mine, Mill and Smelter Workers (Canada), Local 663, [1962] S.C.R. 318, affirming (1961), 29 D.L.R. (2d) 76, Re International Nickel Co. of Canada and Rivando, [1956] O.R. 379 (C.A.)-RRB- It is based on the idea that if the courts are available to the parties as an alternative forum, violence is done to a comprehensive statutory scheme designed to govern all aspects of the relationship of the parties in a labour relations setting.

Karakatsanis J. points to multiple features of the elaborate statutory scheme that might be said to support the alternative interpretation and explains how each of them is nonetheless consistent with the Board's interpretation (if one can call it that), much of which is supported by reference to a decision made by another body that «formerly» had appellate jurisdiction from the Board (at para. 44).