Background
Ontario Hydro is a power generating corporation owned by the Ontario government. Among their power generating plants include five nuclear generators. These nuclear plants fall under the jurisdiction of the federal Atomic Energy Control Act . Section 18 of that Act provides that all works and undertakings "constructed for the production, use and application of atomic energy" are works that are "for the general advantage of Canada".
The Society of Ontario Hydro Professional and Administrative Employees applied for certification under the Ontario Labour Relations Act to represent the employees of Ontario Hydro including those who work at the nuclear plants. The Coalition to Stop the Certification of the Society, another group of employees, attempted to prevent the society from getting certification on the grounds that nuclear stations were in the jurisdiction of the Canada Labour Code which would require them to apply to the Canada Industrial Relations Board.
The Ontario Labour Relations Board agreed with the Coalition and held that they did not have jurisdiction to certify the bargaining unit. On appeal to the Court of Appeal for Ontario the ruling of the Board was upheld.
The issue before the Supreme Court was stated as:
- Does the Labour Relations Act of Ontario or the Canada Labour Code constitutionally apply to the matter of labour relations between Ontario Hydro and those of its employees who are employed in Ontario Hydro's nuclear electrical generating stations which have been declared to be for the general advantage of Canada under s. 18 of the Atomic Energy Control Act?
In a four to three decision the Court denied the appeal and held that employees who are connected with the nuclear facilities are subject to the federal Labour Relations Code.
Opinion of the Court
Three opinions were written. One by LaForest, with L'Heureux-Dubé and Gonthier JJ concurring, a second by Lamer C.J., and a dissent by Iacobucci, with Sopinka and Cory JJ concurring.
LaForest
La Forest first considered the invocation of the declaratory power under section 92(10)(c) of the Constitution by the Atomic Energy Act. He observed that if it was properly invoked the work would automatically fall within the jurisdiction of the federal government by virtue of section 91(29). The question is what matters would be included. When a work is declared, stated La Forest, it includes "work as a going concern" or "functioning unit", which necessarily involves control over its management and its operation. Consequently, labour relations would presumably be included in the declaration and so the province cannot legislate in relation to the labour of the declared work. La Forest dismisses the proposition that the work also falls under section 92A and consequently cannot be granted to the federal government.
La Forest considered the application of the "peace, order and good government" power. He found that nuclear generators are a matter of national concern and so must fall under federal jurisdiction in section 91 of the Constitution. The production and use of nuclear energy has clear international and intra-provincial implications, and it is sufficiently distinct and separate to fall under the p.o.g.g. power.
Lamer
Lamer's opinion emphasized that federal power under both p.o.g.g. and the declaratory power must be carefully described and been respectful of the division of powers. Consequently, the p.o.g.g. power will only encompass the production of nuclear power and related safety concerns, but not employment at the plant.
However, Lamer added that the power to regulate labour relations is "an integral and essential part of Parliament's declaratory and p.o.g.g. jurisdictions." As well there was a clear intention of the government to include the matters in the preamble to the Act as well as the regulations. Lamer further noted that internationally practices of regulating nuclear plants have included supervising employees.
Lamer held that it is not possible to make a distinction between what is considered part of the "undertaking" and the "integrated activities related to" it. There must be a prima facie presumption that jurisdiction of labour relations is held by the federal government. The "normal and habitual" activities of the employees are intimately related to control of the facilities.
Lastly, Lamer rejects the argument that the federal government is precluded from regulating labour relations on the grounds that the provincial government has been exercising jurisdiction for a long period of time.
Iacobucci
Justice Iacobucci wrote a dissent, which was joined by Justices Cory and Sopinka. Iacobucci agreed with the majority that the declaratory power only extended to matters that were "integral to the federal interest in the work". He found that this was consistent with general approach to constitutional interpretation where no head of power had the power to subsume the other.
Iacobucci disagreed with the majority that labour relations of the plant's employees were integral to the effective regulation of the plants. From reading the preamble there is no indication that labour was to be included, which said that the federal interest was for the safety, health and security concerns. Labour relations only aims at "industrial peace" and better working conditions for employees, which is not directly related to the plant. This is supported by section 92A of the Constitution Act, 1867. If Parliament wants to include labour relations they could easily do so with their declaratory power.
Iacobucci also found that the p.o.g.g. power does not include labour relations. He emphasized the application of "balancing principles" between the two heads of power. He held that labour relations for plant employees was not part of a "single, distinctive, and indivisible matter identified as atomic energy."
Canadian federalism involves the current nature and historical development of the federal system in Canada.
The legal system of Canada is pluralist: its foundations lie in the English common law system, the French civil law system, and Indigenous law systems developed by the various Indigenous Nations.
The Constitution Act, 1867, originally enacted as the British North America Act, 1867, is a major part of the Constitution of Canada. The act created a federal dominion and defines much of the operation of the Government of Canada, including its federal structure, the House of Commons, the Senate, the justice system, and the taxation system. In 1982, with the patriation of the Constitution, the British North America Acts which were originally enacted by the British Parliament, including this Act, were renamed. However, the acts are still known by their original names in records of the United Kingdom. Amendments were also made at this time: section 92A was added, giving provinces greater control over non-renewable natural resources.
In many Commonwealth jurisdictions, the phrase "peace, order, and good government" (POGG) is an expression used in law to express the legitimate objects of legislative powers conferred by statute. The phrase appears in many Imperial Acts of Parliament and Letters Patent, most notably the constitutions of Barbados, Canada, Australia and formerly New Zealand and South Africa.
The court system of Canada forms the country's judiciary, formally known as "The King on the Bench", which interprets the law and is made up of many courts differing in levels of legal superiority and separated by jurisdiction. Some of the courts are federal in nature, while others are provincial or territorial.
Section 2 of the Canadian Charter of Rights and Freedoms ("Charter") is the section of the Constitution of Canada that lists what the Charter calls "fundamental freedoms" theoretically applying to everyone in Canada, regardless of whether they are a Canadian citizen, or an individual or corporation. These freedoms can be held against actions of all levels of government and are enforceable by the courts. The fundamental freedoms are freedom of expression, freedom of religion, freedom of thought, freedom of belief, freedom of peaceful assembly and freedom of association.
Canada v Paul L'Anglais Inc. et al. [1983] 1 S.C.R. 147 is a leading Supreme Court of Canada constitutional decision on the jurisdiction of the superior courts to hear constitutional arguments. The unanimous court found that courts of inherent jurisdiction such as the Quebec Superior Court had concurrent jurisdiction to hear constitutional cases.
Toronto Electric Commissioners v Snider is a Canadian constitutional decision of the Judicial Committee of the Privy Council where the Council struck down the federal Industrial Disputes Investigation Act, precursor to the Canada Labour Code. The Court identified matters in relation to labour to be within the exclusive competence of the province in the property and civil rights power under section 92(13) of the Constitution Act, 1867. This decision is considered one of the high-water marks of the council's interpretation of the Constitution in favour of the provinces.
The Reference re Remuneration of Judges of the Provincial Court (P.E.I.) [1997] 3 S.C.R. 3 is a leading opinion of the Supreme Court of Canada in response to a reference question regarding remuneration and the independence and impartiality of provincial court judges. Notably, the majority opinion found all judges are independent, not just superior court judges and inferior court judges concerned with criminal law, as the written constitution stipulates. Unwritten constitutional principles were relied upon to demonstrate this, indicating such principles were growing in importance in constitutional interpretation. The reference also remains one of the most definitive statements on the extent to which all judges in Canada are protected by the Constitution.
R v Hauser, [1979] 1 S.C.R. 984 is a leading constitutional decision of the Supreme Court of Canada, where, In a four to three decision, the Court upheld the federal Narcotic Control Act as constitutional under the peace, order and good government power. This case is particularly unusual as the Act had previously held to be constitutional under the Criminal law power in the decision of Industrial Acceptance Corp. v. The Queen [1953] 2 S.C.R. 273.
R v Hydro-Québec, [1997] 3 S.C.R. 213 is a leading constitutional decision of the Supreme Court of Canada. The Court held that the Canadian Environmental Protection Act, a law for the purpose of protecting the environment, constituted criminal law and was upheld as valid federal legislation.
Lavigne v Ontario Public Service Employees Union, [1991] 2 S.C.R. 211 is a leading Supreme Court of Canada decision on freedom of expression under section 2(b) of the Canadian Charter of Rights and Freedoms and freedom of association under section 2(d) of the Charter.
Weber v Ontario Hydro, [1995] 2 S.C.R. 929 is a leading decision of the Supreme Court of Canada where the Court held that a labour arbitration board was a "court of competent jurisdiction" within the meaning of section 24(1) of the Charter, and could grant declarations and damages. Consequently, the board has exclusive jurisdiction over the matter, and so employees cannot bring suits concerning matters under a collective agreement to court.
Cuddy Chicks Ltd v Ontario (Labour Relations Board), [1991] 2 SCR 5 is a leading Supreme Court of Canada decision on the jurisdiction of tribunals to hear constitutional challenges of the tribunal's enabling statute.
Section 92(10) of the Constitution Act, 1867, also known as the works and undertakings power, grants the provincial legislatures of Canada unless otherwise noted in section (c), the authority to legislate on:
10. Local Works and Undertakings other than such as are of the following Classes:
Canada has access to all main sources of energy including oil and gas, coal, hydropower, biomass, solar, geothermal, wind, marine and nuclear. It is the world's second largest producer of uranium, third largest producer of hydro-electricity, fourth largest natural gas producer, and the fifth largest producer of crude oil. In 2006, only Russia, the People's Republic of China, the United States and Saudi Arabia produce more total energy than Canada.
In Pacific Gas & Electric Co. v. State Energy Resources Conservation & Development Commission, 461 U.S. 190 (1983), the United States Supreme Court held that a state statute regulating economic aspects of nuclear generating plants was not preempted by the federal Atomic Energy Act of 1954. The case provides a framework that has guided other cases involving preemption of federal authority.
Section 92(14) of the Constitution Act, 1867, also known as the administration of justice power, grants the provincial legislatures of Canada the authority to legislate on:
14. The Administration of Justice in the Province, including the Constitution, Maintenance, and Organization of Provincial Courts, both of Civil and of Criminal Jurisdiction, and including Procedure in Civil Matters in those Courts.
Section 96 of the Constitution Act, 1867 is a provision of the Constitution of Canada relating to the appointment of judges of the provincial superior, district and county courts. It provides that the judges of those courts are appointed by the Governor General of Canada. By constitutional convention, the Governor General exercises that power on the advice of the federal Cabinet
Section 94 of the Constitution Act, 1867 is a provision of the Constitution of Canada allowing the federal Parliament to implement uniform laws relating to property and civil rights, and procedure in the civil courts, in three of the original provinces: New Brunswick, Nova Scotia, and Ontario. The power under section 94 cannot be used without the consent of those provinces, as those subject matters are normally within exclusive provincial jurisdiction. The power has never been used.
