The respondent employer raised a preliminary objection arguing that the reverse onus provision in section 89(5) of the Labour Relations Act violates the Canadian Charter of Rights and Freedoms, specifically the presumption of innocence and the right not to be compelled as a witness.
The Board dismissed the objection, following its previous jurisprudence that the reverse onus is a matter of evidence and procedure, not a presumption of guilt.
A request for an adjournment to apply to the courts was denied, and the Board proceeded to hear the complaint.
