Canadian Pacific Railway Company v. Canada (Attorney General)
Canadian Pacific Railway Company
Law Firm / Organization
MLT Aikins LLP
Attorney General of Canada; Brenda Baxter in her capacity as head of compliance and enforcement as designated by the Minister of Labour
Law Firm / Organization
Department of Justice Canada
Lawyer(s)

Samar Musallam

Teamsters Canada Rail Conference
Law Firm / Organization
CaleyWray Lawyers
Unifor
Law Firm / Organization
Unifor
Lawyer(s)

Blake Scott

- Parties: The applicant was the Canadian Pacific Railway Company. The respondents were the Attorney General of Canada, Teamsters Canada Rail Conference, and Unifor Legal Department.

- Subject Matter: Officials delegated by the Minister of Labour issued a direction under s. 145(1) of the Canada Labour Code, 1985. The direction expressed the regulator’s opinion that the applicant contravened s. 143(a) of the Code by obstructing officials delegated by the Minister from attending the full-day meeting of the Policy Health and Safety Committee. The applicant had offered to allow the regulators to attend only part of the meeting. On the applicant’s appeal, the Canada Industrial Relations Board confirmed the direction.

- Ruling: The appeal court ruled in the applicant’s favour, allowed its judicial review application, set aside the Board’s decision, and returned the matter to a differently constituted panel of the Board for redetermination. The appeal court found the Board’s decision unreasonable. The appeal court held that the Board failed to meaningfully grapple with the applicant’s central question – what statutory duty were the regulators purporting to exercise when they sought to monitor the Committee’s meeting? – and failed to specifically consider the text of s. 141(1) in its interpretation and instead relied on an inapt line of authorities.

- Date: The hearing was set on June 12, 2024. The court released its decision on July 31, 2024.

- Venue: This was a federal case before the Federal Court of Appeal.

- Amount: The appeal court awarded costs in an unspecified amount.

Federal Court of Appeal
A-205-23
Labour law
$ 0
Applicant
17 August 2023