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SUPREME COURT WATCH – RECENT DECISIONS
 

Dunsmuir v. New Brunswick
Decided March 7, 2008

Arbitration — Whether scope of arbitration for non-unionized civil servants terminated under New Brunswick's Civil Service Act is limited to issue of reasonable notice, as stipulated by statute, or whether just cause must be established pursuant to New Brunswick's Public Service Labour Relations Act


Hill v. Hamilton-Wentworth Regional Police Services Board
Decided October 4, 2007

Police Whether police can be sued for "negligent investigation"


Baier v. Alberta
Decided June 29, 2007

Charter — Legislative prohibition of teachers running for election as school board trustees — Whether it constitutes violation of guarantees of freedom of expression and equality rights, free of discrimination, under ss.2(b) and 15 of the Charter.


Health Services and Support — Facilities Subsector Bargaining Assn. v. British Columbia
Decided June 8, 2007

Constitutional law — Charter of Rights — Freedom of association — Whether guarantee of freedom of association in Charter of Rights includes procedural right to collective bargaining — If so, whether B.C. health and social services legislation, nullifying provisions in collective agreement that prohibit contracting out of employee jobs, infringes right to bargain collectively — Whether infringement justifiable


Council of Canadians with Disabilities v. Via Rail Canada Inc.
Decided
March 23, 2007

Disability Duty to accommodate Factors to be considered in assessing "undueness" Whether accommodation poses undue hardship


City of Lévis v. Fraternité des policiers de Lévis Inc., et al.
Decided March 22, 2007

Police/Firefighters — When municipal legislation calls for automatic dismissal upon conviction of certain criminal offences and police legislation allows substitution of a lesser penalty depending on the circumstances, which prevails at arbitration?


Attorney General of Canada v. George Hislop et. al.
Decided March 1, 2007

Charter — Discrimination based on sexual orientation Retroactive remedy Whether the government can limit entitlement of same-sex spouses to CPP survivor pensions by limiting full retroactivity to 1998, rather than extending it to 1985 when the Charter's equality rights provision took effect


McGill University Health Centre (Montreal General Hospital) v. Syndicat des employés de l'Hôpital Général de Montréal, Jean Sexton
Decided January 26, 2007

Human rights — Equality — Employer’s duty to accommodate — Collective agreement  — Labour relations — Absenteeism Deemed termination clause


 
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