Can you name a judicial process in Canada that doesn’t have an appeals process for checks and balances ? Or is the BC LRA the constitution and supreme statute of a labour sympathetic socialist satrapy in British Columbia.?
From the Guide to BC LRA
http://www.lrb.bc.ca/codeguide/guide.pdf
Jurisdiction (of BC LRB)
… it shows that the Legislature has given the Board the power to decide the vast majority of matters that can arise in labour relations. The courts retain their jurisdiction to review decisions of the Board under the Judicial Review Procedure Act. Questions about administrative fairness of the Board can be brought to the attention of the Office of the Ombudsman. In most cases all avenues of internal appeal should be exhausted prior to an issue going to the courts or the Office of the Ombudsman.
Here’s one case as an example of this process
Link to case where BC LRB decision is appealed to BC LRB and then appealed to Judicial Review in the BC Supreme Court and then appealed to the BC Court of Appeal
Fun stuff !!
Further to this from the BC LRA (not every option included) :
Appeal jurisdiction of Labour Relations Board
99 (1) On application by a party affected by the decision or award of an arbitration board, the board may set aside the award, remit the matters referred to it back to the arbitration board, stay the proceedings before the arbitration board or substitute the decision or award of the board for the decision or award of the arbitration board, on the ground that
(a) a party to the arbitration has been or is likely to be denied a fair hearing, or
(b) the decision or award of the arbitration board is inconsistent with the principles expressed or implied in this Code or another Act dealing with labour relations.
(2) An application to the board under subsection (1) must be made in accordance with the regulations.
Appeal jurisdiction of Court of Appeal
100 On application by a party affected by a decision or award of an arbitration board, the Court of Appeal may review the decision or award if the basis of the decision or award is a matter or issue of the general law not included in section 99 (1).
Jurisdiction of court
137 (2) This Code must not be construed to restrict or limit the jurisdiction of a court, or to deprive a court of jurisdiction to entertain a proceeding and make an order the court may make in the proper exercise of its jurisdiction if a wrongful act or omission in respect of which a proceeding is commenced causes immediate danger of serious injury to an individual or causes actual obstruction or physical damage to property.
Filing order in Supreme Court
135 (1) The board must on request by any party or may on its own motion file in a Supreme Court registry at any time a copy of a decision or order made by the board under this Code, a collective agreement or the regulations.
(2) The decision or order must be filed as if it were an order of the court, and on being filed it is deemed for all purposes except appeal from it to be an order of the Supreme Court and enforceable as such.
And then of course:
Court of Appeal
General Info
The British Columbia Court of Appeal is the highest court in the province and hears appeals from the British Columbia Supreme Court and some criminal appeals from the Provincial Court, as well as appeals from administrative tribunals. Appeals from the Court of Appeal are heard by the Supreme Court of Canada.
In summary, you have as some options (not all linear in steps) below:
Appeal of arbitrator/mediator level decision to BC LRB/arbitration board or through the courts
Appeal of BC LRB decision to BC LRB
Appeal to Ombudsman on BC LRB decision
Request Judicial Review in BC Supreme Court of the BC LRB decision
Ultimately appeal to BC Court of Appeal on BC LRB decision
Appeal/request to Minister of Labour on some issues
And when you’ve got through that list on an issue (not all applicable to all circumstances), the NHL may well come back with some of their own claims asking for other decisions related to the NHLPA CBA/certification/whatever and go through all of the above appeals on those jamming or dragging out the decision process.
The NHL could also
Ask the BC provincial government or the federal government to step in
Bring other statues to bear outside of the BC LRB jurisdiction that may conflict or prevail
Bring claims to the NLRB which could stalemate the process with conflicting decisions
Take an issue to the Supreme Court of Canada
Or they can sell the assets of the -$46+ mil Canucks and get out of the province which shuts the entire mess in BC down and let the AHL play in their buildings until the rest of the mess sorts itself out or the union is busted.
Having said that, I’m sure that I missed a few options. But the fact is, the NHL do have appeal options on decisions made within the BC LRA. All the NHL needs is a good labour relations lawyer to bring them.