John D. Rooke

The appellant provincial telephone utility appealed a decision holding that, although it was a federal undertaking, it was not immune from federal telecommunications regulation.

The Court held that the utility's participation in an integrated national telecommunications network, together with its interprovincial transmission activities and organizational arrangements, made it an interprovincial undertaking under s. 92(10)(a) of the Constitution Act, 1867.

The majority nevertheless concluded that, as an agent of the provincial Crown, it was protected by s. 16 of the Interpretation Act because the Railway Act did not clearly bind the Crown and the utility had not waived immunity through its conduct.

The appeal was allowed, with one judge dissenting on waiver.

The International Brotherhood of Electrical Workers applied to the Canada Labour Relations Board for certification as the bargaining agent for employees of Alberta Government Telephones (AGT).

The Board assumed jurisdiction, finding AGT to be a federal undertaking and not immune from the Canada Labour Code.

The Federal Court of Appeal upheld this decision.

On appeal, the Supreme Court of Canada held that while AGT is an interprovincial undertaking within federal jurisdiction under s. 92(10)(a) of the Constitution Act, 1867, it is a provincial Crown agent and therefore immune from the Canada Labour Code.

The Court found no clear Parliamentary intention to bind the provincial Crown in the Code, and AGT did not waive its immunity by its conduct.