Canada Labour Relations Board V. Paul L'Anglais Inc. - Background

Background

A series of companies were involved in the production of several television shows and sold air time to sponsors. The CUPE union brought a claim against the companies to Canada Industrial Relations Board. CUPE applied to have the companies declared a single party for the purposes of a collective bargaining proceedings. The companies argued that it was impossible as some of them were not inter-provincial companies and thus were outside of federal jurisdiction.

The CLRB found that the companies were a federal undertaking and so granted CUPE's application. The companies, in turn, applied to the Quebec Superior Court for a writ of evocation. The Superior Court denied the application on grounds that they did not have jurisdiction as the Federal Court Act gave the power to hear this sort of case to the Federal Court. On appeal to the Quebec Court of Appeal the court held that the Superior Court had jurisdiction and granted the writ of evocation.

The issue before the Supreme Court was whether the Superior Court had jusidction over constitutional issues.

Read more about this topic:  Canada Labour Relations Board V. Paul L'Anglais Inc.

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