André Asselin

This appeal asked whether a Quebec heavy-equipment company’s labour relations were federally regulated because some employees performed stevedoring work tied to shipping.

The Court held that labour relations are presumptively provincial and that derivative federal jurisdiction applies only where federally related work is dominant or performed by a functionally discrete unit integral to a federal undertaking.

Tessier’s stevedoring represented a minor share of revenue and employee time, and its workforce was integrated across local and shipping tasks.

The Court concluded the undertaking’s essential operational nature remained local and provincial occupational health and safety legislation governed.

The appeal was dismissed with costs.

The union filed a grievance against a decision not to renew the contract of a university professor, arguing it amounted to a dismissal without good and sufficient cause under the collective agreement and s. 124 of the Act respecting labour standards.

The arbitrator found the collective agreement established an equivalent remedial procedure and ordered the parties to proceed under it.

The Supreme Court of Canada dismissed the appeal, holding that the collective agreement's provisions regarding dismissal were sufficiently clear and provided an equivalent procedure to s. 124, giving the arbitrator jurisdiction to hear the grievance without incorporating the statutory provision.

The Attorney General of Quebec applied for a rehearing to determine whether section 133 of the British North America Act applies to delegated legislation, such as regulations of statutory bodies, municipalities, and school boards.

The Supreme Court of Canada held that section 133 applies to regulations enacted by the provincial government, ministers, and agencies subject to government approval, as well as to court rules of practice.

However, the Court concluded that section 133 does not apply to municipal or school body by-laws, even if they are subject to government approval.