Effect given to the recommendations of the committee and the Governing Body - Report No 324, March 2001

Case No 1943 (Canada) - Complaint date: 12-NOV-97 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 24. When it last examined this case concerning compulsory interest arbitration in certain sectors of the public service [see 320th Report, paras. 38-40] the Committee had requested to be provided with the decision of the Ontario Court of Appeal concerning the appointment of arbitrators under the Hospital Labour Disputes Arbitration Act (HDLAA).
2. 25. In its communication of 8 January 2001, the Government provided the judgement of the Court of Appeal, which ruled that "abandoning the established practice of selecting chairpersons from the roster and the unilateral adoption by the Minister of a practice of personally selecting retired judges to replace them ... gives rise to a reasonable apprehension of bias and gives the appearance of interference with the institutional independence and the institutional impartiality of the boards of arbitration established under HLDAA" (paragraph 99 of the judgement of 21 November 2000).
3. 26. Noting that the Government is currently reviewing the Court's ruling, the Committee recalls that chairpersons of arbitration boards should not only be strictly impartial but should also be seen to be so, if the confidence of both sides in the system is to be gained and maintained [see Digest of decisions and principles of the Freedom of Association Committee, 4th edition, 1996, para. 549] and trusts that the Government will bring its law and practice into conformity with these principles.