Canada Labour Relations Board V. Paul L'Anglais Inc. - Opinion of The Court

Opinion of The Court

The unanimous Court upheld the decision of the Court of Appeal. The opinion was given by Chouinard J.

Chouinard acknowledged the fact that the Federal Court Act gave jurisdiction to the Federal Courts on matters of federal agencies. However, the Act "does not apply to supersede the superintending and reforming power of the Superior Court". The federal government can create a court "for the better administration of the laws of Canada" as per section 101 of the Constitution Act, 1867. Such a court may be given exclusive power over the application of federal laws. However, s 101 does not grant the federal government authority to remove the power of superior courts to determine the constitutionality of federal laws. The government can only create concurrent jurisdiction rather than exclusive jurisdiction.

In the end Chouinard held that the companies were not engaged in matters within the federal powers by creating TV programming and so the CLRB did not have jurisdiction over the dispute. Instead the superior courts had jurisdiction. The Court affirmed the Court of Appeal's granting of the writ.