Supreme Court

Decision Information

Professional Institute of the Public Service of Canada v Northwest Territories (Commissioner)

Court Supreme Court
Date 1987-05-04
File numbers SC 8563
Judge(s) Marshall
Location Yellowknife
Cases and statutes considered Cases considered:
MINISTER OF JUSTICE OF CANADA V. BAROWSKI (1981) 130 D.L.R. (3D) 588 (S.C.C.);
R. V. BIG M. DRUG MART (1985) 18 D.L.R. (4th) 321 (S.C.C.);
MINISTER OF FINANCE OF CANADA V. FINLAY (UNREPORTED DECISION OF THE SUPREME COURT OF CANADA, RELEASED DECEMBER 18, 1986);
OPERATION DISMANTLE V. THE QUEEN (1985) 18 D.L.R. (4TH) 481 (S.C.C.).

Statutes considered:
PUBLIC SERVICE ACT, R.S.N.W.T. 1974, C. P-13, S. 42;
CANADIAN CHARTER OF RIGHTS AND FREEDOMS, SS. 2 (D), 24 (1).
Decision information:

Abstract: Application to determine whether the Applicant has standing to bring the main application - Applicant is a union that represents various groups of employees - Certain employees under its umbrella being transferred - In order to continue representation of these employees, section 42 pf the Public Service Act requires legislation to be passed recognizing the Applicant as a union - Government of the NWT refuses to recognize the Applicant as such - Applicant wishes to challenge section 42 on the basis that it denies its right to continued association with its transferred members.
Decision: Applicant has standing to be pursue the action - Applicant is directly affected by the legislation - Applicant further has a genuine interest in the issue and there is no other reasonable or effective method of bringing the matter before the courts.
Subjects: Constitutional law
Keywords: Standing - challenge - directory affected - genuine interest

Decision Content

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