tribunal

Northern Regional Health Authority v Horrocks: Exclusive vs. Concurrent Jurisdiction for Labour Arbitrators

In Northern Regional Health Authority v Horrocks, 2021 SCC 42 [Horrocks], the majority of the Supreme Court of Canada (“SCC”) held in a 6-1 decision that mandatory dispute resolution provisions under labour legislation confer exclusive jurisdiction to the designated decision-maker, usually a labour arbitrator. As a result, unionized employees will have little to no legal […]

Sailing in Uncharted Waters: The Duty to Consult for Administrative Tribunals

The duty to consult is a constitutional obligation grounded in the honour of the Crown and entrenched in section 35 of our Constitution. This duty arises whenever conduct may adversely affect Aboriginal rights or title. The content of this duty has continued to be fleshed out since its articulation in Haida Nation v British Columbia […]