Canadian Association of Crown Counsel can intervene on bargaining agent certification appeal

Group affected by outcome of certification: Alberta Court of Appeal

Canadian Association of Crown Counsel can intervene on bargaining agent certification appeal

The Alberta Court of Appeal has granted the Canadian Association of Crown Counsel (CACC) intervenor status in an appeal concerning the certification of a bargaining agent for Crown prosecutors in Alberta.

In Alberta Crown Attorneys' Association v. Alberta (Justice and Solicitor General), 2022 ABCA 332, the Alberta Crown Attorney’s Association (ACAA) sought to be certified as the bargaining agent for all Crown prosecutors in Alberta. However, the Alberta Labour Relations Board dismissed the application. ACAA sought judicial review, but that was was also dismissed.

On appeal, the ACAA argued that the judge erred in upholding that sections of the Public Service Employee Relations Act, RSA 2000, c P-43 did not violate the charter. The CACC, which was granted intervenor status before the Board, also applied to intervene in the appeal.

CACC argued that it would be directly affected by the outcome of the appeal. It also clarified that it would not attempt to enhance the record or make submissions outside the scope of the appeal.

Both ACAA and respondent Alberta Union of Provincial Employees (AUPE) consented to the intervention application.

The appellate court granted the application.

CACC directly affected, uniquely positioned

The CACC and its members would be directly affected by the outcome of the appeal, since one of its mandates is employment and labour relations between Crown counsel and governments, said the court.

Further, the CACC was uniquely positioned to address its interests, said the court. The appellate court found that the CACC could offer expertise and a unique perspective which could not be adequately covered by other parties.

Lastly, the appellate court found that the CACC’s intervenor status before the Board, while not determinative, weighed in favour of the continued preparation on appeal. The CACC also assured the court that its submissions would not be duplicative and that its participation would not delay proceedings, said the court.

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