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Judicial Review - SOR - Finality. Public Service Alliance of Canada v. Canada (Senate)
In Public Service Alliance of Canada v. Canada (Senate) (Fed CA, 2023) the Federal Court of Appeal comments on the policy 'finality' interest of labour arbitration in judicial review:[13] The Board, in this case, had wide authority—under the interest arbitration process—to resolve matters referred to it, determine the appropriate terms and conditions of employment, and impose those terms via a binding award. This Court has recognized that interest arbitrators are afforded wide discretion to settle the terms of the parties’ collective agreement, and the decisions they make are almost always policy determinations and rarely involve legal issues. Additionally, this Court has recognized that the need for finality, which animates the need for deference in labour cases generally, is particularly acute in interest arbitration cases (Laurentian Pilotage Authority v. Pilotes du Saint-Laurent Central Inc., 2018 FCA 117, 299 A.C.W.S. (3d) 235 at paras. 60−61, 63). . Public Service Alliance of Canada v. Canada (House of Commons)
In Public Service Alliance of Canada v. Canada (House of Commons) (Fed CA, 2023) the Federal Court of Appeal comments on the policy 'finality' interest of labour arbitration in judicial review:[8] The Board, in this case, had wide authority—under the interest arbitration process—to resolve matters referred to it, determine the appropriate terms and conditions of employment, and impose those terms via a binding award. This Court has recognized that interest arbitrators are afforded wide discretion to settle the terms of the parties’ collective agreement, and the decisions they make are almost always policy determinations and rarely involve legal issues. Additionally, this Court has recognized that the need for finality, which animates the need for deference in labour cases generally, is particularly acute in interest arbitration cases (Laurentian Pilotage Authority v. Pilotes du Saint-Laurent Central Inc., 2018 FCA 117, 299 A.C.W.S. (3d) 235 at paras. 60−61, 63).
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