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Appeal dismissed; no section 2(a) breach and consultation was reasonably adequate.
The Court dismissed an appeal challenging provincial approval of a ski resort project in Qat’muk on freedom of religion and section 35 consultation grounds.
The majority held section 2(a) protects freedom to hold and manifest beliefs, not protection of the spiritual object itself, and found no Charter infringement.
It further held the Minister reasonably concluded deep consultation and accommodation had occurred over many years, and that section 35 guarantees a process rather than a veto over development outcomes.
The union, not the individual employee, controls access to arbitration under the Crown Employees Collective Bargaining Act.
The Grievance Settlement Board considered whether an individual employee or the union controls access to arbitration under the Crown Employees Collective Bargaining Act.
The Board held that while Section 18(2) grants an employee the right to grieve in limited circumstances, it does not grant the employee the right to proceed to arbitration independently of the union.
The union retains control over which grievances proceed to arbitration, subject to its duty of fair representation under Section 30.
The Board adopted the reasoning from a prior decision, emphasizing that the Grievance Settlement Board is a single entity and should not depart from its earlier decisions absent exceptional circumstances.
