Aubrey E. Golden

The appellant CBC forced a journalist to choose between his position as a radio host and his role as president of a trade union after he published an article opposing free trade in a union newsletter.

The union filed a complaint alleging an unfair labour practice under s. 94(1)(a) of the Canada Labour Code.

The Canada Labour Relations Board upheld the complaint, finding the CBC's journalistic policy did not justify the interference.

The Supreme Court of Canada dismissed the CBC's appeal, holding that the Board's decision was within its jurisdiction and not patently unreasonable, and that the Board's interpretation of the external Broadcasting Act did not alter the overall standard of review to correctness.

The appellants were charged with conspiracy to effect an unlawful purpose under s. 423(2)(a) of the Criminal Code, specifically to prevent members of a union from participating in lawful union activities under s. 110(1) of the Canada Labour Code.

The Provincial Court quashed the information, but the Supreme Court of Ontario and the Court of Appeal ordered the matter to proceed.

The Supreme Court of Canada allowed the appeal, holding that 'unlawful purpose' in s. 423(2)(a) means contrary to law (prohibited by federal or provincial legislation).

Since preventing participation in union activities is not explicitly prohibited by legislation, the information did not disclose an offence known to law.