Quebec North Shore & Labrador Railway Co. v. Canada ( Minister of Labour )
T-1750-95
Denault J.
19/12/95
7 pp.
Application for certiorari to annul consent given by Minister of Labour to prosecution of applicant as result of accident on its active site in Sept-Iles-Consent required under Canada Labour Code, s. 149(1)-Under Federal Court Act, s. 18.1(2), application for judicial review must be made within thirty days after decision or order first communicated by federal board, commission or other tribunal to party directly affected thereby-Applicant becoming aware of Minister's consent only on July 27, 1995-Application for judicial review filed on August 15, 1995 made within period of 30 days following initial communication of consent to applicant-Applicant arguing rules of procedural fairness required Minister notify it, allow it to make observations before deciding whether or not to consent to prosecutions under Code, s. 148-According to recent cases on prosecutions for offences under Canada Labour Code, Parts I and II, nothing authorizes person, organization in question to receive notice, make observations before consent to prosecution given-Applicant not entitled to procedural protection before decision taken to consent to institution of penal proceedings under Code, s. 148-Application dismissed- Canada Labour Code, R.S.C., 1985, c. L-2, ss. 148 (as am. by R.S.C., 1985 (1st Supp.), c. 9, s. 4; (3rd Supp.), c. 24, s. 7; (4th Supp.), c. 26, s. 4), 149(1)-Federal Court Act, R.S.C., 1985, c. F-7, s. 18.1(2) (as enacted by S.C. 1990, c. 8, s. 5).