Independence & Impartiality of Adjudicative Tribunals – Application for Leave to Appeal Consitutional Decision of Sask. CA in Labour Board Case

An application for leave to appeal Saskatchewan Federation of Labour v. Government of Saskatchewan, 2013 SKCA 61 (CanLII), to the Supreme Court of Canada was filed with the Supreme Court on September 5th.  The Applicant is the Saskatchewan Government and General Employee’s Union (SGEU).*   The SCC File Number is 35512.

The issue this Application presents for the Supreme Court’s consideration is whether the SLRB case is an appropriate occasion for the Court to address the question: Does the “unwritten” constitutional principle of judicial independence and impartiality apply to adjudicative tribunals like the Saskatchewan Labour Relations Board and their adjudicator members or does the Court’s Ocean Port analysis rule that out?    

*Full disclosure:  Counsel for the Applicant in this Application for Leave are myself, and Frank A. V. Falzon, Q.C. of Victoria B.C.

Our Ottawa Agent was Moira Dillon of the Supreme Law Group, www.supremelawgroup.ca

Second Application for Leave

A second application for leave to appeal Saskatchewan Federation of Labour v. Government of Saskatchewan, 2013 SKCA 61 (CanLII), to the Supreme Court of Canada was filed with the Supreme Court on September 9th.  The Applicant is the Saskatchewan Joint Board Retail, Wholesale, and Department Store Union (SJD).  

Counsel for the SJD is Larry Kowalchuk, Kowalchuk Law Office, Regina, Saskatchewan.

The issue this Application presents for the Supreme Court’s consideration is the same as that  presented by the first Application (the SGEU Application – see above) – that is, whether the SLRB case is an appropriate occasion for the Court to address the question: Does the “unwritten” constitutional principle of judicial independence and impartiality apply to adjudicative tribunals like the Saskatchewan Labour Relations Board and their adjudicator members or does the Court’s Ocean Port analysis rule that out?

The SJB Application adopts the materials filed in the application for leave by the SGEU, and supplements the SGEU’s Memorandum of Argument with additional submissions that are particular to the SJB.  The SCC File Number is, I understand, the same for both applications: 35512.

RE

 

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