Saskatchewan Court System
The Saskatchewan court system is a commonly used system in Canada that is practiced in the Saskatchewan province level. The system is composed of the various levels of the court systems, whereby Provincial Saskatchewan courts deal with the cases causes with jurisdiction on all criminal charges and claims in civil cases not exceeding $20,000. The provincial courts have original jurisdiction and provide sittings with more than fifty judges. After the provincial courts there is the Court of Queen’s Bench. The Court of Queen’s Bench is the most superior court of Saskatchewan. It holds an inherent jurisdiction and takes all kinds of criminal cases with a no maximum or minimum amount limits in civil cases. Practically, they take all cases, irrespective of their monetary value. The court holds an original jurisdiction on the affairs of statute and hears appeals from the provincial Saskatchewan courts. Appeals from the Court of the Queen’s Bench can only be heard on the Canadian Supreme Court, which is the highest court in Canada. Indeed, the Saskatchewan court system is well organized with effective and enough personnel to deal with every case. The following is a case, which was heard on the Court of Queen’s Bench at the Judicial Centre of Saskatchewan.
Saskatchewan Labor Relations Board Vs. Between Wal-Mart Canada Corporation
This was a popular case and it has challenged the constitution on Labor laws charter and involved a massive interpretation of the law. Wal-Mart Corporation filled a civil suit on the Court of Queen’s Bench to quash an original order from the Saskatchewan Labor Relations Board that section 9 of the broad Canadian Trade Union Act was relatively unconstitutional. It happened that when there was a proceeding by the Wal-Mart trade union certification, the Labor Relations Board issued the popular subpoena duces tecum, which ordered the company to produce the huge chunks of management information and other documentation that directed managers to remain union free, as per the request of the trade union. But then the employees of Wal-Mart opposed the move, thereby making the trade union to allege that the move was probably influenced by the corporation. Under section 9 of the Trade Union Act, the Labor Relations Board has the right to dismiss or reject any Charter application, whereby it is discovered that the employee made the application under the direction or advice of the employer or rather an agent of the employer. Therefore, Wal-Mart opposed the move by applying for court order to quash the Board’s order on the grounds that the dismissal lacked jurisdiction and section 9 was unconstitutional, as it contravened with section 2(d) of the charter on freedom of speech. It was held that it was both a constitutional and civil case.
The case was put forward and the application by the Wal-Mart was allowed but in part. Wal-Mart was the victim, as the Board decision allowed for the cross examination of the company’s documents. The court commended that as much as the Board under regulation has the authority on the matter, it misused its authority by not considering the privilege and relevance attached to documents asked by the Union; hence, the subpoena was totally improper, as it ensured that the Union got access to the particular documents. The Board’s order ensured the union accessed the documents in question in the name of cross examination. Secondly, the Board has prematurely ruled on the charter application without proper interpretation and guidance of section 9. Indeed, if the communication between the employer and employees was not possibly intimidation or in any way coercion, then the interpretation of the Board has probably infringed section 29(d) of the freedom of expression; hence, if so, then sec. 1 is unconstitutional. The case was closed with a sentence that the Board was liable; hence, the order was quashed.
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