R. Wright

The accused was charged with manslaughter as a party to a stabbing death that occurred during a parking lot altercation.

The Crown argued the accused was liable under s. 21(1)(a) or s. 21(2) of the Criminal Code because he participated in a group assault during which another individual stabbed the victim.

The court found that the victim's group instigated the confrontation and that the stabber's use of a knife was an unforeseeable intervening act.

The accused was found not guilty.

The offenders were sentenced following a jury trial where Bengy was convicted of second degree murder and Modeste was convicted of manslaughter in relation to the stabbing death of Brandon Ramdeen.

Bengy, who stabbed the unarmed victim while he was overpowered, was sentenced to life imprisonment with no parole eligibility for 11 years.

Modeste, who participated in the group assault but did not stab the victim, was sentenced to 5 years imprisonment, with 49.5 months remaining after credit for pre-trial custody.

The union applied for certification to represent part-time employees of a community college.

The college objected, arguing it was a Crown agency and therefore not subject to the Labour Relations Act.

The union argued that if the college was a Crown agency, the exclusion of part-time employees from collective bargaining legislation violated their freedom of association under the Charter.

The Board held that the college is a Crown agency due to the substantial control exercised by the Crown.

The Board further held that it lacked jurisdiction to use the Charter to read down the Interpretations Act or other external statutes to expand its own jurisdiction.

The application was dismissed.

A concurring decision by Board Member O. Hodges of the Ontario Labour Relations Board, stating his agreement with his colleagues.

The concurrence renders the Board's earlier decision of October 16, 1980, unanimous.