Case information

Administrative law — Boards and tribunals — Jurisdiction — Appeal of judicial review — Remedial discretion — Dismissed employee raising issue of labour relations board’s jurisdiction directly for the first time on judicial review — Reviewing court refusing to exercise discretion to review question of jurisdiction — Court of Appeal holding that answer to question of jurisdiction inevitable and declaring that labour arbitrator and labour relations board had no jurisdiction to address dismissal — What is the proper role of administrative decision-makers and reviewing courts when addressing jurisdictional issues that were not squarely raised before the administrative tribunal? — To what extent are administrative tribunals and the parties before them required to anticipate and explore potential arguments?

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.

The respondent, Mr. Casavant, was dismissed from his position as a conservation officer after refusing to follow an order from his supervisor. His challenge to that dismissal set in motion a series of proceedings under the Labour Relations Code, R.S.B.C. 1996, c. 244. Ultimately, the Labour Relations Board (the “Board”) dismissed his application for reconsideration. On judicial review of that decision, Mr. Casavant clearly raised a jurisdictional challenge to the Board for the first time. He argued that, based on the nature of his employment as a Special Provincial Constable, all disciplinary proceedings should have proceeded in accordance with the Police Act, R.S.B.C. 1996, c. 367, and the Special Provincial Constable Complaint Procedure Regulation, BC Reg. 206/98. The reviewing judge declined to address the question and dismissed the application. The Court of Appeal allowed Mr. Casavant’s appeal. It concluded that the reviewing judge erred in the exercise of her discretion not to address the jurisdictional question. It held that the inevitable answer to the question of the Board’s jurisdiction was that it had no jurisdiction to address Mr. Casavant’s dismissal; it was settled law that a labour board does not have jurisdiction to deal with a police disciplinary matter governed by a distinct process. It declared the proceedings before the Board and the arbitrator a nullity.