Does a collective agreement preclude a plaintiff from bringing a second action in the Superior Court of Justice for Charter breaches?
Ontario, Canada
The following excerpt is from Saraga v. Wellington (County) Board of Education, 1995 CanLII 7280 (ON SC):
16 The plaintiff founds his action on the allegations of Charter breaches as to which his first action is silent. The authority of Weber v. Ontario Hydro makes it clear that, in Charter issues, the existence of a collective agreement does not exclude the jurisdiction of the civil courts. Indeed, Arbour J.A. expresses the view that Charter rights being individual rights, “[t]here should be little impediment or restraint to the individual’s right to seek constitutional redress in the courts” [at p. 618] notwithstanding the availability of grievance procedure in labour disputes involving a collective agreement.
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