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Untamed Tribunal? Of Dynamic Interpretation And Purpose Clauses, Sara Slinn

Articles & Book Chapters

This study examines the use of the purpose clause in labour legislation as a means for the legislature to exert control over the decision-making of a labour relations board. It examines the history of the purpose clause in British Columbia labour legislation, assesses its effectiveness as an instrument of control and, finally, draws on legislative theory to consider whether this is an instance of a "rogue" board defying the will of the Legislature, or of an administrative tribunal fulfilling its legitimate function. The article concludes that, rather than tribunal misconduct, a fairer interpretation of the BC Labour Board's treatment of …