Union des Employes de Service, Local 298 v Bibeault
January 01, 1970
Union des Employes de Service, Local 298 v Bibeault, [1988] 2 S.C.R. 1048 is a leading decision of the Supreme Court of Canada on judicial review in Canadian administrative law. In this decision the court first described the "pragmatic and functional approach"[1] to determining the standard of review for an administrative decision and provided reasons for its desirability.
Union des Employes de Service, Local 298 v Bibeault
Hearing: October 29, 30, 1986 Judgment: December 22, 1988
Full case name
Syndicat national des employés de la Commission scolaire régionale de l'Outaouais (CSN) v Union des employés de service, local 298 (FTQ) and Mr. Réal Bibeault and Labour Court
A labour dispute in Quebec occurred over whether a subcontractor had to keep the same benefits as its predecessor. The judgment was the original decision that it did not and was maintained.
Opinionedit
The court replaced the 'preliminary questions' doctrine found in Syndicat des employés de production du Québec et de l'Acadie v. Canada Labour Relations Board, [1984] 2 S.C.R. 412, with the pragmatic and functional approach. This approach involves several considerations, such as the fact that "the court examines not only the wording of the enactment conferring jurisdiction on the administrative tribunal, but the purpose of the statute creating the tribunal, the reason for its existence, the area of expertise of its members and the nature of the problem before the tribunal."[1]
union, employes, service, local, bibeault, 1988, 1048, leading, decision, supreme, court, canada, judicial, review, canadian, administrative, this, decision, court, first, described, pragmatic, functional, approach, determining, standard, review, administrativ. Union des Employes de Service Local 298 v Bibeault 1988 2 S C R 1048 is a leading decision of the Supreme Court of Canada on judicial review in Canadian administrative law In this decision the court first described the pragmatic and functional approach 1 to determining the standard of review for an administrative decision and provided reasons for its desirability Union des Employes de Service Local 298 v BibeaultSupreme Court of CanadaHearing October 29 30 1986 Judgment December 22 1988Full case nameSyndicat national des employes de la Commission scolaire regionale de l Outaouais CSN v Union des employes de service local 298 FTQ and Mr Real Bibeault and Labour CourtRulingAppeal dismissedCourt membershipReasons givenMajorityBeetz Contents 1 Background 2 Opinion 3 See also 4 References 5 External linksBackground editA labour dispute in Quebec occurred over whether a subcontractor had to keep the same benefits as its predecessor The judgment was the original decision that it did not and was maintained Opinion editThe court replaced the preliminary questions doctrine found in Syndicat des employes de production du Quebec et de l Acadie v Canada Labour Relations Board 1984 2 S C R 412 with the pragmatic and functional approach This approach involves several considerations such as the fact that the court examines not only the wording of the enactment conferring jurisdiction on the administrative tribunal but the purpose of the statute creating the tribunal the reason for its existence the area of expertise of its members and the nature of the problem before the tribunal 1 See also editList of Supreme Court of Canada cases Pushpanathan v Canada Minister of Citizenship and Immigration References edit a b para 122External links editFull text of Supreme Court of Canada decision at LexUM and CanLII nbsp nbsp This article about Canadian law is a stub You can help Wikipedia by expanding it vte Retrieved from https en wikipedia org w index php title Union des Employes de Service Local 298 v Bibeault amp oldid 1149311892, wikipedia, wiki, book, books, library,
