Rederiet A.P. Moller A/S v. Seafarers' International Union of Canada
A-616-96
Marceau J.A.
30/1/97
4 pp.
Application for judicial review of CLRB decision concluding it had jurisdiction to issue cerification as bargaining agent in respect of unlicensed seafarers in employ of applicant on board seagoing vessels-Decision correct, although CLRB reasoning doubtful-Proper approach to ascertain Parliament has authority, recognized in international law, to pass legislation affecting operations of applicant, in spite of international scope of these operations and fact applicant foreign company, and if so, whether Parliament has in fact enacted legislation on point and conferred on Board power to exercise mandate assigned to it with respect to those operations-Jurisdiction of Canada on ships sailing under Canadian flag evident-Applicant arguing scope of application of Code has not been made co-extensive with jurisdiction of Parliament, not extending to operations like those of applicant where employer not Canadian and operations involved conducted outside territory of Canada, even if vessel used for these operations sailing under Canadian flag-Application dismissed-Nothing in Act expressly limiting application of Code in manner suggested by applicant and nothing compelling reading such limit into provisions-Connection herein undeniable: vessels owned by Canadian company, sail under Canadian flag with crew of Canadian citizens and enjoying all benefits of Canadian laws-Also, sufficient concerns: all employees concerned Canadian citizens whose conditions of employment basically governed by Canadian law-Protection of Canadian flag and benefit of Canadian laws entailing submission to obligations and responsibilities imposed by those laws and entire legislation relating to them-Canada Labour Code, R.S.C., 1985, c. L-2.