12 Apr 2023
Canada (Attorney General) v. National Police Federation
- The Attorney General of Canada sought judicial review of a Board decision supporting the National Police Federation's claim that the RCMP violated labor laws by reclassifying five positions during a bargaining freeze period.
- The RCMP contended that such a freeze does not restrict management rights, a position the Board rejected.
- Following a 2015 Supreme Court ruling enabling RCMP unionization, the NPF became the bargaining agent in 2019 and objected to the reclassification of positions historically held by RCMP members.
- The Board used a two-stage test for evaluating the complaint, focusing on changes to employment conditions and the RCMP's past practices.
- The Board found the reclassification inconsistent with previous practices, violating the statutory freeze.
- The AGC's review challenges the Board's interpretation and the narrow application of the "business-as-before" defense.
- The Board's decision was deemed reasonable and was not overturned, with costs awarded to the NPF (amount not specified).