TORONTO, Sept. 10 /CNW/ - A key battle over the rights of Canadian
employees will go before the Federal Court of Appeal in Toronto tomorrow, as
The Lively Seven ask the Court to uphold their right to due process before the
federal labour board (CIRB).
The Lively Seven are seven female employees from the TD Canada Trust bank
in Lively, Ontario, who unanimously objected to unionization without a vote or
being heard. They will finally have an opportunity for a public hearing in
their long-running dispute over their forced unionization and the subsequent
failure of the CIRB to properly administer and adjudicate The Lively Seven's
Rita Larsen, one member of The Lively Seven, says "the facts show that
the Union isn't concerned about the rights of all employees and the CIRB isn't
able or even willing to respond to employee concerns about unions. When the
CIRB won't uphold the basic rights of employees, the courts have to act."
The Lively Seven's legal battle for justice and democracy has been
supported by The National Citizen's Coalition (NCC). Lively Seven lawyer Lise
Poratto-Mason says the CIRB's rulings are flawed because the Board made
serious errors of law and denied natural justice and procedural fairness to
The Lively Seven by preventing them from being heard by the labour board in
addition to violating their constitutional rights to freedom of association.
"The CIRB failed to mention its error in its last ruling and even attempted to
re-characterize the true facts relating to this error," said Poratto-Mason.
The NCC believes the current court action is necessary to hold the CIRB
accountable for its failure to properly perform its duties.
NCC President Peter Coleman says it's time to make changes that bring
Canadian employment law up to international standards, particularly as it
relates to freedom of association. The Supreme Court of Canada recently
reversed 20 years of its own constitutional jurisprudence by ruling that
unions now have a right to collective bargaining. The Court stated that its
past decisions "do not withstand principled scrutiny" and relied on
international trends and obligations in reversing itself. The NCC remains
committed to employee choice having taken the Lavigne case to the Supreme
Court. "Clearly, this case is an opportunity for the Court to find its past
decisions on employee freedom of association similarly fail to withstand
principled scrutiny," says NCC President Peter Coleman.
Peter Coleman will be available to the media outside the Court prior to
commencement of the hearing.
Court location: 180 Queen Street West, Suite 200
Hearing schedule: 9:30 am commencement, full-day hearing.
For more information about The Lively Seven, visit their website:
For further information:
For further information: Peter Coleman, President and CEO, National
Citizens Coalition, (416) 869-3838