Valerie Lawson

The respondent employer raised the Canadian Charter of Rights and Freedoms as a defence to a grievance alleging a violation of the union security clause (article 3) of a collective agreement.

The parties agreed to have the Board determine as a preliminary issue whether the collective agreement was subject to Charter scrutiny.

The Board found that the collective agreement was negotiated by entities that are not part of government, and the negotiation of a collective agreement is a private matter not involving the exercise of government policy or function.

Consequently, the Board held that the collective agreement is not subject to the Charter and directed that the grievance be heard on its merits.

The Crown appealed a decision holding it liable in nuisance for damage caused to the respondents' orchards by the use of road salt as a de-icing agent on an adjoining highway.

The Supreme Court of Canada dismissed the appeal, agreeing entirely with the trial judge's conclusions and reasons, which had been affirmed by the Ontario Court of Appeal.

The appeal was dismissed with costs to the respondents on a solicitor and client basis.