Canadian Union of Public Employees, Local 963 v. New Brunswick Liquor Corp.

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case-name=CUPE v. New Brunswick Liquor Corp.
full-case-name=Canadian Union of Public Employees, Local 963 v. New Brunswick Liquor Corp.
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SCC=1978-1979
Unanimous=Dickson J.
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"Canadian Union of Public Employees, Local 963 v. New Brunswick Liquor Corp.", [1979] 2 S.C.R. 227 is a leading case decided by the Supreme Court of Canada. This case first developed the "pragmatic and functional" approach to determine the standard of review in administrative law. The decision was a major shift in the approach to judicial review where prior to this courts were able to review the decisions of administrative decision-makings on a standard of correctness so long as they had jurisdiction. The new approach emphasized the need for deference in the proper circumstances. In such cases courts are told to evaluate the decision on a standard of "patent unreasonableness".

Background

The unionized employees of the New Brunswick Liquor Corp went on strike. During the strike the Liquor Board brought in the managers to do the work of the strikers. The union brought a suit against the Board claiming that their actions violated section 102(3) of the "Public Service Labour Relations Act" which stated that while on strike "the employer shall not replace the striking employees or fill their position with any other employee".

The Public Service Labour Relations Board found that the Liquor Board violated sectio 102(3). The Liquor Board appealed. The Court of Appeal of New Brunswick overturned the decision on reinterpreting the Act's provision.

The issue before the Supreme Court was whether board's reason was sufficiently incorrect to warrant overturning. The Court found that it was not patently unreasonable and reinstated the Board's decision.

ee also

* List of Supreme Court of Canada cases
* "Union des Employes de Service, Local 298 v. Bibeault", [1988] 2 S.C.R. 1048

External links

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