Canadian Union of Public Employees, Local 963 v New Brunswick Liquor Corp, [1979] 2 SCR 227 is a leading case decided by the Supreme Court of Canada.
The union brought a suit against the employers claiming that their actions violated section 102(3) of the Public Service Labour Relations Act.
The Labour Board came to this decision after noting that the Legislature intended to restrict the possibility of picket-line violence by prohibiting both strikebreaking on one hand and picketing on the other.
The issue before the Supreme Court was whether the Board's decision was sufficiently incorrect to warrant overturning in the presence of the privative clause.
He noted that the existence of privative clauses indicated the legislative choice of empowering specialized administrative bodies to decide certain matters such as labour relations.
Limited by such privative clauses, courts should only interfere if an interpretation of the Act was "so patently unreasonable that its construction cannot be rationally supported by the relevant legislation.
In such cases where administrative decision-makers are acting properly within their own jurisdiction, courts are told to evaluate the decision on a standard of "patent unreasonableness".
"[5] Under this test, the court was examined four factors: The dichotomy between the correctness and "patent unreasonableness" standards was criticized by some legal commentators for its inflexibility.