Response to Professor Denis Nadeau’s Paper: The Supreme Court of Canada and Grievance Arbitration

Canadian jurisprudence: The authors posit that, despite what Professor Nadeau coins the Supreme Court’s “Pro-Arbitration Judicial Policy,” the lower courts have not consistently followed this “Policy,” preferring instead to intervene in employment-related matters that they perceive to be of importance, and have ruled that certain workplace disputes are not properly within the jurisdiction or remedial authority of an arbitrator. The authors opine that the courts may not continue to provide the high level of deference that has traditionally been afforded to the grievance arbitration process.