TAILIEUCHUNG - THE CONSTITUTION OF LAW Part 6

Trường hợp hàng đầu về các điều khoản chỉ sự không có trong Canada là CUPE: Canada Liên hiệp các cán bộ, công chức, địa phương 963 v. New Brunswick Rượu tòa án là một Nhân viên Quan hệ công vụ Hội đồng quản trị. | 118 constituting the legislature Deference The leading case on privative clauses in Canada is CUPE Canadian Union of Public Employees Local 963 v. New Brunswick Liquor Here the tribunal was a Public Service Staff Relations Board constituted by the Public Service Labour Relations Act 1973 whose decisions were protected by the following privative clauses section 101 1 reads Except as provided in this Act every order award direction decision declaration or ruling of the Board the Arbitration Tribunal or an adjudicator is final and shall not be questioned or reviewed in any court section 102 2 reads No order shall be made or process entered and no proceedings shall be taken in any court whether byway of injunction certiorari prohibition quo warranto or otherwise to question review prohibit or restrain the Board the Arbitration Tribunal or an adjudicator in any of its or his proceedings. The Board had to interpret a particularly badly worded provision in its statute on which turned the issue of whether management could do the work of employees during a strike. The New Brunswick Court of Appeal had held that the tribunal s expertise had to do with the application of the law to the particular facts of the dispute so that the tribunal s interpretation of the provision had to be correct that is in accordance with the reviewing judge s understanding. In the Supreme Court Dickson J made it clear that judges had to take the privative clause seriously and hence should not use previously popular devices in an attempt to read it out of the statute. But he was also careful to state the view that it was not only the formal expression of legislative intent in the privative clause that mattered but also the good reason for that formal expression - that an administrative agency is expert within its specialized area of law Section 101 constitutes a clear statutory direction on the part of the Legislature that public sector labour matters be promptly and finally decided

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