In fact, it was noted that the trial judge compared the statute to other Canadian labour
relations statutory schemes, and found that these requirements were not an excessively difficult threshold to meet such that the workers» rights to associate were substantially interfered with.
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.
As regards a transfer under the inherent jurisdiction, the only jurisdiction to make orders in
relation to adoption and to place a child abroad subject to a care order are under the
statutory scheme governed by ACA 2002 and ChA 1989, Sch 2, para 19.