Supreme Court of Canada

Telecommunications Workers’ Union v. British Columbia Ferry Corporation, 1984 CanLII 131 (SCC), [1984] 1 SCR 83

Date: 1984-02-13

Telecommunications Workers’ Union Appellant;

and

British Columbia Ferry Corporation Respondent;

and

Labour Relations Board of British Columbia, Attorney General of British Columbia, Attorney General of Canada Interveners.

and between

Telecommunications Workers’ Union, Local 36, its members, servants and agents and any person acting or purporting to act on its behalf, and all persons unknown to the Plaintiff attending or picketing at or near the premises of the Plaintiff at or near the Town of Elkford, British Columbia Appellants;

and

Fording Coal Limited Respondent;

and

Labour Relations Board of British Columbia, Attorney General of British Columbia, Attorney General of Canada Interveners.

File No. 16870.

1984: February 13.

Present: Ritchie, Dickson, Beetz, Estey, Mclntyre, Chouinard and Wilson JJ.

ON APPEAL FROM THE COURT OF APPEAL FOR BRITISH COLUMBIA

Labour relations—Picketing—Federally certified union picketing provincial undertakings—Provincial employers bringing actions for damages for illegal picketing—Provincial Labour Code requiring consent of Labour Relations Board prior to bringing such actions—Whether provincial Labour Code applicable to picketing due to a federal labour dispute—Labour Code of British Columbia, 1973 (2nd Sess.) (B.C.),

[Page 84]

c. 122 as amended (now the Labour Code, R.S.B.C. 1979, c. 212), s. 32(4).

APPEAL from a judgment of the British Columbia Court of Appeal, 1981 CanLII 543 (BC CA), [1981] 6 W.W.R. 714, 31 B.C.L.R. 247, 128 D.L.R. (3d) 307, allowing appeals from judgments of Murray J., 1979 CanLII 670 (BC SC), [1980] 2 W.W.R. 1, 16 B.C.L.R. 160, 105 D.L.R. (3d) 360, dismissing two actions for damages for illegal picketing. Appeal dismissed.

Morley D. Shortt, for the appellants.

I.G. Nathanson and Joan McEwen, for the respondent British Columbia Ferry Corporation.

Edward Chiasson and Thomas Schiller, for the respondent Fording Coal Limited.

E.R.A. Edwards, Q.C., for the interveners the Labour Relations Board of British Columbia and the Attorney General of British Columbia.

T.B. Smith, Q.C., and Peter Doody, for the intervener the Attorney General of Canada.

The judgment of the Court was delivered orally by

RITCHIE J.—Leaving aside the constitutional issue, we dispose of the appeal on the basis of the reasons for judgment of the Chief Justice of British Columbia and Mr. Justice Craig on the interpretation of the Labour Code of British Columbia. It is therefore unnecessary to answer the constitutional question. The appeal is dismissed with costs.

There will, however, be no costs payable to or by the interveners.

Judgment accordingly.

Solicitors for the appellants: Shortt & Company, Vancouver.

Solicitors for the respondent British Columbia Ferry Corporation: Davis & Company, Vancouver.

Solicitors for the respondent Fording Coal Limited: Ladner, Downs, Vancouver.

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Solicitors for the interveners the Labour Relations Board of British Columbia and the Attorney General of British Columbia: The Ministry of the Attorney General, Victoria.

Solicitor for the intervener the Attorney General of Canada: Roger Tassé, Ottawa.