Case information

None.

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Charter of Rights - Right to security of person - Labour relations - Civil procedure - Appeals - Appeal provisions in s. 146(1) of Canada Labour Code, R.S.C. 1985, c. L-2, granting employers right to appeal directions of safety officers but denying employees right to appeal where no contravention of Code was found or no direction was issued - Whether asymmetric appeal rights breach s. 7 of Canadian Charter of Rights and Freedoms.

The Applicant union was of the view that amendments to Air Canada’s In Flight Safety Manual gave rise to certain risks to the health and safety of cabin personnel. It made a complaint under the internal complaint resolution process mandated by s. 127.1 of the Canada Labour Code, R.S.C. 1985, c. L-2. When the complaints were not resolved to the union’s satisfaction, the complaints were referred to a health and safety officer under s. 127.1(8). The officer decided not to issue a direction under s. 145(1) or (2). Instead, with respect to two of the complaints, he accepted an “assurance of voluntary compliance” from Air Canada with respect to the establishment and training of local health and safety committees. The remaining complaints were effectively dismissed.

The union filed a notice of appeal of the officer’s decision under s. 146(1) of the Code. An appeals officer concluded that he lacked the statutory authority to consider an appeal of a decision by a health and safety officer not to issue a direction under s. 145. The union commenced an application for judicial review of that decision.