BILL OF RIGHTS
Judicial review of arbitrator’s decision in context of final offer arbitration (FOA) under Canada Transportation Act, S.C. 1996, c. 10—Four requirements for application of Canadian Bill of Rights, R.S.C., 1985, Appendix III, met—Bill of Rights, s. 2(e) (right to fair hearing in accordance with principles of fundamental justice) applicable to FOA scheme, but scheme not depriving applicant of such right—In view of Parliament’s intent FOA process be expedited, and voluminous information filed by both parties at arbitration, applicant had adequate opportunity to prepare own case, know case to be met—Act providing legal criteria to be considered by arbitrator in reaching decision—Bill of Rights not requiring provision of written reasons—Given expeditious, inexpensive, final, binding nature of process, requiring selection of one of two alternatives, with no right of appeal, not unreasonable that reasons not provided—Application dismissed.
Canadian National Railway Co. v. Western Canadian Coal Corp. (T-1744-05, 2007 FC 371, Kelen J., judgment dated 11/4/07, 46 pp.)