APPLICATIONS FOR LEAVE TO APPEAL DISMISSED
Telecommunications Workers' Union v. Telus Communications Inc. (B.C.)
Labour relations – Collective agreement – Union
The applicant Telecommunications Workers’ Union (“TWU”) filed a grievance alleging that the respondent employer, Telus Communications Inc. had violated the collective agreement, the Canada Labour Code (“CLC”), and the Canadian Human Rights Act by refusing to allow TWU to participate in the process for employees seeking accommodation of a medical disability. The issue was whether Article A13 of the collective agreement allowed Telus to deal unilaterally with employees over issues of workplace accommodation or whether there was a duty in all such cases to give notice, to provide information and to consult with TWU. The Supreme Court of British Columbia quashed the decision of the arbitrator. The Court of Appeal dismissed the Applicant’s appeal.
Chas Berry v. Her Majesty the Queen(Ont.)
Criminal law – Evidence – Admissibility
The applicant shot and killed Andrew Christie in the doorway of Mr. Christie’s apartment. The applicant testified at trial and he admitted shooting the deceased but claimed he was acting in self-defence; in the alternative, he relied on the defence of provocation. The evidence indicated that the applicant and the deceased were associates in the drug trade, but had had a falling out shortly before the shooting. The trial judge was satisfied that the transcript evidence of the witness Jovanovski’s guilty plea, conviction and the sentence he received was highly relevant and material to Jovanovski’s credibility which, in turn, was an important factor for the jury to consider in its determination of the main issues of self-defence, provocation and (if intent to commit murder were established) planning and deliberation. The trial judge gave the jury instructions, both before Jovanovski’s evidence was read to the jury and in his charge to the jury, and also gave a R. v. Vetrovec,  1 S.C.R. 811 caution. After a trial by judge and jury, the applicant was convicted of second degree murder. The conviction appeal was dismissed.