Date:20001115
Docket:A-750-98
CORAM: THE CHIEF JUSTICE
DÉCARY J.A.
NOËL J.A.
BETWEEN:
THE ATTORNEY GENERAL OF CANADA
Applicant
- and -
THE WRITERS' UNION OF CANADA and
THE LEAGUE OF CANADIAN POETS
Respondents
- and-
THE CANADIAN ARTISTS AND PRODUCERS
PROFESSIONAL RELATIONS TRIBUNAL,
L'UNION DES ÉCRIVAINES ET ÉCRIVAINS QUÉBÉCOIS,
SOCIETY OF COMPOSERS, AUTHORS
AND MUSIC PUBLISHERS OF CANADA,
THE WRITERS' GUILD OF CANADA and
PLAYWRIGHTS UNION OF CANADA
Interveners
Heard at Toronto, Ontario, Wednesday, November 15, 2000
Judgment delivered from the Bench at Toronto, Ontario,
on Wednesday, November 15, 2000
REASONS FOR JUDGMENT OF THE COURT PRONOUNCED BY:
THE CHIEF JUSTICE
Date: 20001115
Docket: A-750-98
CORAM:THE CHIEF JUSTICE
DÉCARY J.A.
NOËL J.A.
BETWEEN:
THE ATTORNEY GENERAL OF CANADA
Applicant
- and -
THE WRITERS' UNION OF CANADA and
THE LEAGUE OF CANADIAN POETS
Respondents
- and-
THE CANADIAN ARTISTS AND PRODUCERS
PROFESSIONAL RELATIONS TRIBUNAL,
L'UNION DES ÉCRIVAINES ET ÉCRIVAINS QUÉBÉCOIS,
SOCIETY OF COMPOSERS, AUTHORS
AND MUSIC PUBLISHERS OF CANADA,
THE WRITERS' GUILD OF CANADA and
PLAYWRIGHTS UNION OF CANADA
Interveners
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario
on Wednesday, November 15, 2000)
THE CHIEF JUSTICE
_.The applicant seeks to set aside a decision of the Canadian Artists and Producers Professional Relations Tribunal (the "Tribunal") dated November 17, 1998 in which it certified the Writers Union of Canada (the "Association") as an artists' association pursuant to section 25 of the Status of the Artist Act (the "Act").
_.On a proper reading of the Act, the Tribunal's jurisdiction was limited to determining whether the sector proposed by the Association was suitable for collective bargaining and did not extend to determining the subject matter of collective bargaining.
_.The applicant does not object to either the recognition of the Association as the appropriate representative of the authors designated nor to the membership of the group which makes up the defined sector.
_.The applicant's challenge to the Tribunal's decision is based on the allegation that the Tribunal acted beyond its jurisdiction by declaring the sector suitable for bargaining in a manner which empowers the Association to bargain in respect of pre-existing works.
_.Nothing in the certification order indicates the scope of actual bargaining or whether pre-existing works may be included or excluded, although the Tribunal did make reference to pre-existing rights in its reasons.
_.In this respect, the Tribunal, in its written submissions before this Court recognized that its powers extend only to the certification of a sector and not to limiting or expanding matters for subsequent negotiations.
_.The order of the Tribunal makes no reference to such matters and we are not called upon to adopt the reasons of the Tribunal but only to determine whether it had jurisdiction to make the certification order in issue. We are all of the view that it did.
_.The application for judicial review will be dismissed with costs payable by the applicant to the respondents.
"J. Richard"
Richard C.J.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
DOCKET:A-750-98
STYLE OF CAUSE:THE ATTORNEY GENERAL OF CANADA
Applicant
- and -
THE WRITERS' UNION OF CANADA and
THE LEAGUE OF CANADIAN POETS
Respondents
- and-
THE CANADIAN ARTISTS AND PRODUCERS PROFESSIONAL RELATIONS TRIBUNAL, L'UNION DES ÉCRIVAINES ET ÉCRIVAINS QUÉBÉCOIS, SOCIETY OF COMPOSERS, AUTHORS AND MUSIC PUBLISHERS OF CANADA, THE WRITERS' GUILD OF CANADA and PLAYWRIGHTS UNION OF CANADA
Interveners
DATE OF HEARING:WEDNESDAY, NOVEMBER 15, 2000
PLACE OF HEARING:TORONTO, ONTARIO
REASONS FOR JUDGMENT
OF THE COURT PRONOUNCED BY:THE CHIEF JUSTICE
Delivered at Toronto, Ontario on Wednesday, November 15, 2000
APPEARANCES:Jan Brongers
For the Applicant
Ms. Marian Hebb
For the Respondent, the Writers' Union of Canada
Mr. Hynna
For the Intervener, Society of Composers, Authors, and Music Publishers of Canada
Mr. Smellie, and
Mr. Starchuk
For the Intervener, The Canadian Artists and Producers Professional Relations Tribunal
Mr. Phillips
For the Intervener, The Writers' Guild of
Canada
Mr. Payette
For the Intervener, L'union des Écrivaines et Écrivains Québécois
Mr. Siebenmann
For the Intervener, Playwrights Union of Canada
SOLICITORS OF RECORD:
Morris Rosenberg
Deputy Attorney General of Canada
For the Applicant
Marian Hebb
Barrister & Solicitor
404-179 John St.
Toronto, Ontario
M5T 1X4
For the Respondent, the Writers' Union of Canada
FEDERAL COURT OF APPEAL
Date: 20001115
Docket: A-750-98
BETWEEN:
| THE ATTORNEY GENERAL OF CANADA |
Applicant
- and -
THE WRITERS' UNION OF CANADA and
THE LEAGUE OF CANADIAN POETS
Respondents
- and-
| THE CANADIAN ARTISTS AND PRODUCERS PROFESSIONAL RELATIONS TRIBUNAL, L'UNION DES ÉCRIVAINES ET ÉCRIVAINS QUÉBÉCOIS, SOCIETY OF COMPOSERS, AUTHORS AND MUSIC PUBLISHERS OF CANADA, THE WRITERS' GUILD OF CANADA and PLAYWRIGHTS UNION OF CANADA |
Interveners
| REASONS FOR JUDGMENT OF |
THE COURT