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Trade unions have legal status and standing to sue in their own names to challenge pension legislation.
Several trade unions brought actions challenging federal legislation that authorized the federal government to deal with surpluses in pension plans covering federal government and RCMP employees.
The Attorney General of Canada successfully moved to strike the unions as plaintiffs, arguing that s. 3(2) of the Rights of Labour Act prevented them from suing in their own names.
The Court of Appeal allowed the unions' appeal, holding that the unions have the legal status to sue in their own names derived from their governing labour legislation or corporate status, and that s. 3(2) does not bar them.
The Court also found the unions had standing due to their direct interest in their members' pension benefits.
Parliamentary privilege bars human rights review of legislative prayers mandated by Standing Orders.
The appellant administrative body appealed a Divisional Court order quashing its refusal to decline jurisdiction over a human rights complaint challenging the recitation of the Lord's Prayer during the daily opening exercise of the Legislative Assembly.
The Court of Appeal held that the Assembly's Standing Orders and acts done pursuant to them fall within the constitutionally protected sphere of parliamentary privilege concerning exclusive control over internal proceedings.
Applying the parliamentary privilege framework from Supreme Court authority, the court held that once the category of privilege is established, neither courts nor administrative bodies may review particular exercises within that category for compliance with human rights legislation.
The court also held that the Commission's refusal to decline jurisdiction was a reviewable decision attracting correctness review.
Appeal dismissed without costs.
