Quebec labour code doesn't infringe rights of casino managers, Supreme Court rules
![Supreme Court of Canada The Supreme Court of Canada says excluding front-line supervisors at a Montreal casino from organizing under the Quebec labour-relations regime does not infringe their constitutional rights. The main courtroom at the Supreme Court of Canada is pictured in Ottawa on Monday, Nov. 28, 2022. THE CANADIAN PRESS/Sean Kilpatrick](/content/dam/ctvnews/en/images/2024/4/19/supreme-court-of-canada-1-6854440-1713555826614.jpg)
Excluding front-line supervisors at a Montreal casino from organizing under the Quebec labour-relations regime does not infringe their constitutional rights, the Supreme Court of Canada has ruled.
In a decision Friday, the top court said barring managers from the regime through a provision of the Quebec labour code is not a violation of their Charter guarantee of freedom of association.
Seventy per cent of the operation supervisors assigned to gaming tables at Casino de Montréal were members of an association that filed a petition for certification in 2009.
As part of the petition, the association asked that the exclusion of managerial personnel from the definition of "employee" in the provincial labour code be declared "constitutionally inoperative."
The association, which also represents front-line managers at three other Quebec casinos, successfully argued before a tribunal that the definition infringed the freedom of association guaranteed by the Charter of Rights.
The Quebec Superior Court allowed an application for judicial review from the employer, Société des casinos du Québec, on the basis there were several errors in the administrative ruling.
However, the Quebec Court of Appeal overturned that decision, prompting the employer to take its case to the Supreme Court.
Writing for a majority of the high court, Justice Mahmud Jamal identified the appropriate two part-test for deciding whether legislation infringes the Charter provision guaranteeing freedom of association.
The first step involves determining whether the association's activities fall within the scope of the Charter provision.
Jamal found the association's claims were indeed grounded in the provision, including the right to form a body independent from the employer, to make collective representations to the employer and to have them considered in good faith.
The second step of the test entails determining whether the legislative exclusion substantially interferes with the protected activities of the association's members.
Jamal said the purpose of the exclusion under the provincial labour code was not to interfere with managers' associational rights.
Rather, the intent of excluding managers from the definition of "employee" under the code was to:
- distinguish between management and operations in an organization's hierarchy;
- avoid placing managers in a conflict of interest between their role as representatives of the employer and their role as employees in collective bargaining;
- give employers confidence that managers would represent their interests, while protecting the distinctive common interests of employees.
Jamal said the association had also failed to show that the effect of the legislative exclusion is to substantially interfere with its members' rights to meaningful collective bargaining.
He noted the supervisors managed to group together to form the association, and the Montreal division was voluntarily recognized by the employer as the representative of front-line managers.
In addition, the employer and the Montreal division have successfully concluded a memorandum of understanding providing a framework for collaboration and consultation on working conditions and related issues, he wrote.
Jamal concluded the terms of the memo demonstrate that the association's members "are able to associate and collectively bargain with their employer."
This report by The Canadian Press was first published April 19, 2024.
CTVNews.ca Top Stories
![](https://www.ctvnews.ca/polopoly_fs/1.6976926.1721883767!/httpImage/image.png_gen/derivatives/landscape_800/image.png)
LIVE UPDATES Critical infrastructure 'successfully protected': Jasper park officials
Jasper National Park officials in an update said all critical infrastructure in the townsite has been "successfully protected, including the hospital, emergency services building, both elementary and junior/senior schools, activity centre and wastewater treatment plant."
Alberta premier says a third, perhaps half, of all Jasper buildings destroyed by fire
Alberta Premier Danielle Smith says early reports indicate a third and perhaps up to half of all buildings in the historic Rocky Mountain resort town of Jasper have burned in a wildfire.
Prince William's 2023 salary revealed in new report
Newly released financial reports show that William, the Prince of Wales, drew a salary of $42.1 million last fiscal year, his first since inheriting the vast and lucrative Duchy of Cornwall.
Tourist suffers 3rd-degree burns to feet after losing flip flops amid soaring temperatures in Death Valley
A tourist was hospitalized after suffering third-degree burns on his feet on Saturday when he lost his flip flops at a national park in California where temperatures soared past 50 C.
'There's mom and dad's house': New video appears to show destruction of Jasper neighbourhood
Video posted to social media on Thursday morning appears to show the charred remains of a Jasper, Alta., neighbourhood.
Former judge with disputed Cree heritage likely has Indigenous DNA: law society
The Law Society of British Columbia says a DNA test shows a former judge and Order of Canada recipient accused of falsely claiming to be Cree "most likely" has Indigenous heritage.
Australian field hockey player opts to amputate part of his finger in order to compete in Paris Olympics
In the run up to the Paris Olympics, athletes have been stepping up their preparations in order to maintain their edge over competitors. But for Australia’s Matt Dawson, those preparations looked a little different this year, with the field hockey player opting to have part of his finger amputated in order to compete in the Games.
Canada to bring home fewest Olympic medals since 2012, according to forecaster
Fewer Canadians are expected to reach the Paris podium than in the previous two Olympic Summer Games, a global data analytics company predicts.
Jennifer Aniston criticizes JD Vance for 'childless cat ladies' remarks: 'I pray that your daughter is fortunate enough to bear children'
Jennifer Aniston is criticizing JD Vance for comments he made in his past about women without children.