Unionized Employees & Judicial Review: Cases That Should Have Gone To The Supreme Court Of Canada...

Introduction: A Monday Morning Dilemma

Happy Monday! Welcome to another episode of "Cases That Should Have Gone to the Supreme Court of Canada But Didn't." Today, we delve into the intriguing world of unionized employees and the elusive concept of judicial review. So grab your coffee, sit back, and let's dive into this legal conundrum.

The Union Conundrum: To Appeal or Not to Appeal?

In the realm of law, there exists a general rule that unionized employees cannot bypass their unions and independently appeal decisions made within the bargaining or employment law context. It is the union's role to represent and protect their members' interests. While this may seem like a fair arrangement, it raises some thought-provoking questions.

Consider Mr. Aurora's predicament. Faced with a decision made in the employment context that he disagreed with, he decided to take matters into his own hands and applied for judicial review without the support of his union. However, his case was swiftly dismissed on the grounds that he was represented by a union that did not initiate the judicial review process.

The Clash Between Individual Rights and Collective Interests

This case brings to light an important issue: Is it truly fair to prevent individuals from seeking judicial review simply because they are part of a union? While unions are tasked with representing both individual and collective interests, there are instances where preventing judicial review can lead to injustice for an individual.

Judicial review is an individual right, distinct from collective rights. By denying individuals the opportunity to exercise this right, we inadvertently undermine their ability to seek justice when their best interests clash with those determined by the union as being in line with collective goals. This begs the question: Shouldn't individuals have the freedom to assert their own rights within a union context?

Exceptions and Missed Opportunities

Now, you may be wondering if there are any exceptions to this rule. And indeed, there are. However, Mr. Aurora did not seek one of these exceptions, leaving the Supreme Court of Canada with a golden opportunity to explore the authority of judicial review judges in allowing exceptions to proceed.

Regrettably, the Supreme Court of Canada did not seize this chance to delve into the intricacies of this issue. They also missed an opportunity to question the fairness of a system that restricts individuals from asserting their rights simply because they are part of a union. In a union workplace