View cases - Stewart McKelvey

[279] Nonetheless, the Chief Justice and LeBel J. say that s. 5 of the AEPA can be read asimposing a duty to bargain in good faith (para. 107), which would render the statuteconstitutional. They argue that the words of s. 5 are ambiguous and that the interpretive tools ofpurposive interpretation, the presumption of consistency with the Charter, and reference tolegislative debates lead to this conclusion. Like my colleagues Deschamps J. and Abella J., Icannot agree.2011 SCC 20 (CanLII)[280] The words of s. 5 are unambiguous. The relevant portions of s. 5 are subsections (1),(5), (6) and (7).5. (1) The employer shall given an employees’ association a reasonableopportunity to make representations respecting the terms and conditions ofemployment of one or more of its members who are employed by that employer.. . .(5) The employees’ association may make the representations orally or inwriting.(6) The employer shall listen to the representations if made orally, or read them ifmade in writing.(7) If the representations are made in writing, the employer shall give theassociation a written acknowledgment that the employer has read them.These words could not be clearer: they provide employee associations the opportunity to makerepresentations to an employer. The only obligation on an employer is to provide the employeeassociation with the opportunity to make representations and to listen if they are oral or read andacknowledge them if they are written.