*Craig provides legal services through Craig Bavis Prof Law Corp.

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Craig Bavis has been a Partner at Victory Square Law Office since 2005.

Craig has extensive experience in advising and representing unions in mediation, arbitrations and at Labour Relations Board hearings. He has appeared in all levels of court up to the BC Court of Appeal and Federal Court of Appeal. Craig primarily represents unions in the public and private sector across British Columbia in labour matters. Craig also works in Saskatchewan where he is involved in Charter litigation.

Craig also represents individual workers in employment law matters, including:

  • professional discipline
  • wrongful dismissal
  • contract negotiating, and
  • disputes with disability benefit providers.

Craig has also acted for individuals in proceedings with many professional bodies including the College of Teachers, College of Registered Nurses, College of Dental Surgeons, and administrative tribunals including the Employment Standards Tribunals, Worker’s Compensation Board, and BC Human Rights Tribunal.

Craig has a particular interest in human rights and Charter of Rights and Freedoms issues. He has published articles on Charter rights and privacy issues and continues to be actively involved in Charter litigation in British Columbia. In addition, Craig has an interest in Aboriginal law and has provided free legal services to First Nations people in Aboriginal fishing rights litigation in Federal Court.

In addition, Craig is a part-time instructor in the Labour Studies Program at Capilano University where he teaches arbitration law and skills to union members. He is also one of the founding members of the Worker Education and Labour Learning Society (WELLS). WELLS is an initiative of the Vancouver District Labour Council to create a not-for-profit society delivering outstanding legal education on labour and employment issues to workers and unions at affordable prices.

While Vancouver is home base, Craig was a member of the Saskatchewan Law Society from 2008 to 2015, while litigating the right to strike for the Saskatchewan Federation of Labour. He spent enough winter days on the prairies to know that BC is home and working in the maritime sector is the most interesting facet of labour law.

When not practising law or teaching, roller blading the seawall or snowboarding, Craig is an avid traveler and theatre-goer and somehow finds time to volunteer on the Board of Directors of the Vancouver Laughter Mission Society, a non-for-profit society dedicated to providing comedy performers for people suffering from life threatening or terminal illnesses and their care givers, Because Humor Helps.

Recognition and Awards

  • Chambers and Partners ranks Craig in Band 1 for Employment & Labour for Unions – British Columbia
  • 2017, Craig was awarded  the Canadian Freedom of Association Award. The CFAA is an annual award to a person or organization that has made an outstanding contribution to promoting understanding of and compliance with international standards regarding the right to organize and bargain collectively as those standards apply to Canada.

In the News

  • Craig represented the BCTF at the LRB in establishing innovative responses to Covid 19 in the public education system. Read the news release.
  • Craig represented the BC Ferry and Marine Workers Union in a judicial review of the crewing levels on new Island Class vessels. Read the Victoria News story.

Presentations / Seminars / Articles

  • Craig is regularly invited to speak at conferences on labour issues including privacy rights, surveillance, medical information and the duty to accommodate.

Results (Arbitration / Tribunal / Court)

British Columbia Maritime Employers Assn. and ILWU Canada (Ahmad), Re 2020 CarswellNat 4369 Canada Arbitration Federal, October 05, 2020  Docket: None given.  Subject: Public; Labour

Tolko Industries Ltd. and USW, Local 1-2017 (Brandle), Re 2020 CarswellBC 2763  British Columbia Arbitration  British Columbia  September 24, 2020  Docket: None given.  Subject: Labour; Public

Cariboo Pulp and Paper Co. and Unifor, Local 1115 (Klapatiuk), Re 2020 CarswellBC 2282  British Columbia Arbitration  British Columbia  September 14, 2020  Docket: None given.  Subject: Public; Labour

British Columbia Maritime Employers Assn. and ILWU Canada (Shift Extensions), Re 2020 CarswellNat 4093  Canada Arbitration  Federal  August 31, 2020  Docket: None given  Subject: Labour; Public

British Columbia Maritime Employers Assn. and ILWU Canada (Skills Differential Retroactivity Claim), Re 2020 CarswellNat 4092  Canada Arbitration  Federal  July 31, 2020  Docket: None given.  Subject: Public; Labour

Cariboo Pulp & Paper Co. and Unifor Local 1115 (Barker), Re  2020 CarswellBC 1899; 145 C.L.A.S. 44  British Columbia Arbitration  British Columbia July 15, 2020  Docket: None given.  Subject: Public; Labour

Tolko Industries Ltd. and USW, Local 1-2017, Re 2020 CarswellBC 1408; 2020 BCLRB 57  British Columbia Labour Relations Board British Columbia  May 28, 2020  Docket: None given.  Subject: Labour; Public

BC Public School Employers’ Assn. and BCTF (LeBourdais), Re 2020 CarswellBC 2765  British Columbia Arbitration  British Columbia  May 12, 2020 Docket: None given.  Subject: Labour; Public

Westshore Terminals Limited Partnership and ILWU Canada, Local 502 (Absence Policy), Re 020 CarswellBC 2766  British Columbia Arbitration  British Columbia  April 27, 2020 Docket: None given.  Subject: Labour; Public

BC Public School Employers’ Assn. and BCTF (LeBourdais), Re 2020 CarswellBC 2767  British Columbia Arbitration  British Columbia  January 20, 2020  Docket: None given.  Subject: Labour; Public

Teck Metals Ltd. and USW, Local 480 (Vacation Plateau Policy), Re 2019 CarswellBC 3897; 142 C.L.A.S. 146  British Columbia Arbitration  British Columbia  December 10, 2019  Docket: None given.  Subject: Public; Labour

British Columbia Maritime Employers’ Assn. and ILWU Canada (Drug and Alcohol Policy), Re 2019 CarswellBC 3657; [2019] C.L.A.D. No. 231; 142 C.L.A.S. 117  British Columbia Arbitration  British Columbia  November 27, 2019  Docket: None given.  Subject: Public; Labour

Global Container Terminals Canada Limited Partnership and ILWU, Local 502 (Vacancy Hiring Process), Re 2019 CarswellNat 6087; 142 C.L.A.S. 20  Canada Arbitration  Federal  October 15, 2019  Docket: None given Subject: Labour; Public

Mount Polley Mining Corp. and USW, Local 1-2017, Re 2019 CarswellBC 2542  British Columbia Labour Relations Board  British Columbia August 22, 2019  Docket: B113/2019  Subject: Public; Labour

Western Forest Products Inc. and B.C. Federation of Labour, Re 019 CarswellBC 2310; 2020 C.L.L.C. 220-002; 41 C.L.R.B.R. (3d) 168  British Columbia Labour Relations Board  British Columbia  July 29, 2019  Docket: B104/2019  Subject: Public; Labour

Cariboo Pulp and Paper Co. and Unifor, Local 115 (11-44), Re 2019 CarswellBC 1974; 140 C.L.A.S. 315  British Columbia Arbitration  British Columbia  June 12, 2019  Docket: None given.  Subject: Public; Labour

St. James and USW, Local 1-2017, Re 2019 CarswellBC 1967; 140 C.L.A.S. 327  British Columbia Arbitration  British Columbia  June 19, 2019  Docket: None given.  Subject: Labour; Public

Polley Mining Corp. and USW, Local 1-2017 (Temporary Employees), Re  2019 CarswellBC 2434; 141 C.L.A.S. 64  British Columbia Arbitration  British Columbia June 04, 2019  Docket: None given.  Subject: Public; Labour

BC Ferry and Marine Workers’ Union v. British Columbia Ferry Services Inc. 2019 CarswellBC 1291; 2019 BCSC 732; 2019 C.L.L.C. 220-042; 307 A.C.W.S. (3d) 859  British Columbia Supreme Court  British Columbia  May 10, 2019  Docket: Vancouver S175858  Subject: Public; Labour

Raudales v. Interior Health Authority (No. 3)  2019 BCHRT 73; 2019 CarswellBC 1022  British Columbia Human Rights Tribunal British Columbia  April 17, 2019  Docket: 16065  Subject: Civil Practice and Procedure; Constitutional; Employment; Human Rights

Tolko Industries Ltd. and USW, Local 1-424, Re  2019 CarswellBC 672; 32 C.L.R.B.R. (3d) 56  British Columbia Labour Relations Board British Columbia  March 21, 2019  Docket: B33/2019  Subject: Public; Labour

British Columbia Maritime Employers’ Assn. and ILWU Canada (Drug and Alcohol Policy), 140 C.L.A.S. 294; 2019 CarswellNat 3695  Canada Arbitration  Federal  March 12, 2019  Docket: None given.  Subject: Public; Labour

Larkin v. Johnson 2019 CarswellBC 263; 2019 BCSC 164; 22 B.C.L.R. (6th) 387; 301 A.C.W.S. (3d) 863; 45 C.C.P.B. (2nd) 11  British Columbia Supreme Court  British Columbia  February 12, 2019  Docket: Vancouver S173176  Subject: Civil Practice and Procedure; Corporate and Commercial

British Columbia Public School Employers’ Assn. and BCTF (17-GVTA-48), Re 2019 CarswellBC 186; 138 C.L.A.S. 263 January 25, 2019  Docket: None given.

Schiller v. HMTQ, NHA and BCCNP 2018 CarswellBC 3498; 2018 BCPC 345; 301 A.C.W.S. (3d) 525  British Columbia Provincial Court  British Columbia  December 12, 2018  Docket: Terrace 19711 Subject: Civil Practice and Procedure; Estates and Trusts; Public; Torts; Municipal

British Columbia Maritime Employers’ Assn. and ILWU, Local 502 (HVAC Maintenance), Re 2018 CarswellNat 7466; 138 C.L.A.S. 110  Canada Arbitration  Federal  November 27, 2018  Docket: None given.  Subject: Public; Labour

Mount Polley Mining Corp. and USW, Local 1-2017, Re 2018 CarswellBC 3018; 27 C.L.R.B.R. (3d) 314  British Columbia Labour Relations Board  British Columbia  October 25, 2018  Docket: B151/2018  Subject: Public; Labour

Raudales v. Interior Health Authority (No. 2) 2018 CarswellBC 2925; 2018 BCHRT 239  British Columbia Human Rights Tribunal British Columbia  October 25, 2018  Docket: 16065  Subject: Civil Practice and Procedure; Constitutional; Employment; Human Rights

Cariboo Pulp & Paper Co. and Unifor, Local 1115, Re 2018 CarswellBC 2633  British Columbia Labour Relations Board  British Columbia September 26, 2018  Docket: B137/2018  Subject: Public; Labour

Gateway Casinos & Entertainment Limited v. BCGEU 2018 CarswellBC 2622; 2018 BCSC 1700; 2019 C.L.L.C. 220-010; 297 A.C.W.S. (3d) 400; 37 C.P.C. (8th) 369  British Columbia Supreme Court  British Columbia September 19, 2018  Docket: Vancouver S1810040  Subject: Civil Practice and Procedure; Property; Public; Torts; Labour

Teck Coal Ltd. and USW, Local 7884 (Coal Hauling), Re 295 L.A.C. (4th) 393; 2018 CarswellBC 2388; 137 C.L.A.S. 150  British Columbia Arbitration  British Columbia  August 13, 2018  Docket: None given.  Subject: Public; Labour

Precedent Setting Cases

SFL v. Saskatchewan, 2015 SCC 4, [2015] 1 S.C.R. 245, 248 L.A.C. (4th) 271, 249 281 C.L.R.B.R. (2d) 1
Craig was counsel for the lead Plaintiff, the Saskatchewan Federation of Labour, in this legally, factually, and procedurally complex five-year legal challenge to provincial essential service legislation which restricted the manner in which Saskatchewan unions could strike. This action was of one of five similar actions brought by unions which proceeded while the others were stayed and those unions allowed to participate in the SFL case. The demands and complexity of this case required Craig to become a member of the Saskatchewan Bar to prepare for and participate in the trial as co-counsel, later acting as lead counsel in the Court of Appeal and Supreme Court of Canada appeal. This decision is a landmark case for Canadian unions. It is one of the very rare instances in which the Supreme Court of Canada, recognized that “clearly the arc bends increasingly towards workplace justice,” and reversed its earlier decisions, creating a new Charter protected activity under section 2(d), the right of unions to strike in support of collective bargaining. Craig is regularly invited to speak on this issue at various conferences.

University of British Columbia v. Kelly, 2016 BCCA 271, 2016 CarswellBC 1735
Craig acted as counsel for Dr. Kelly at the BC Supreme Court and BC Court of Appeal and appeal of the BC Human Rights Tribunal decision that the UBC Faculty of Medicine had discriminated against Dr. Kelly in failing to accommodate his ADHD and in requiring him to withdraw from the program. The HRT determined that Dr. Kelly had $385,000 in wage loss and $75,000 in injury to dignity. The injury to dignity award was reduced on review to $30,000 but other aspects of the decision were upheld. On appeal, the Court of Appeal accepted that the HRT was reasonable in its injury to dignity award and restored the original $75,000 award.  This decision remains the highest BCHRT injury to dignity award and Craig is regularly approached by other counsel to discuss the case and provide advice.

Walter Energy Canada Holdings, Inc., Re 2017 BCSC 709, 2017 CarswellBC 1166
Craig represented a union of  300 miners in BC Supreme Court insolvency proceedings with a claim for $10 million in statutory and collective agreement severance and termination pay following the shut down of a BC coal mine when a US based resource parent company went bankrupt. During over 5 years of proceedings, the BC Supreme Court had to deal with a claim from a US pension fund seeking a priority claim against the assets of the Canadian subsidiary based on the US Employee Retirement Income Security Act of 1974 which allows claims to extend throughout a controlled corporate group. The court rejected the ERISA claim and accepted the position of the Canadian union that on a principled conflict of laws approach, the BC Supreme Court could not ignore the distinct US and Canadian corporate structures and could not allow US claims priority over Canadian claims against Canadians assets. The result of this ruling was that this case became a rare instance in which the employees of the insolvent corporation received 100% of their claims. The reasoning of this case is that US corporations with pension funding deficiencies cannot expect that Canadian courts will allow those

FINDINGS AND RECOMMENDATIONS AS A RESULT OF THE CORONER’S INQUEST PURSUANT TO SECTION 38 OF THE CORONERS ACT, [SBC 2007] C 15, INTO THE DEATH OF LUGG I Robert Francis
In an emotionally draining, but immensely satisfying case, Craig represented the workers at the Babine Forest Products mill who were injured and killed in a sawmill wood dust explosion in a high profile coroner’s inquest. The three week long inquest examined the forest industry regulatory framework, the role of the BC Safety Authority and Worksafe and their actions, and fire inspections and response in finding that the processing of a  “pine beetle kill” wood in mills not designed for that product led to highly combustible dust accumulations which Worksafe failed to recognize as a risk . The inquest led to over 40 Coroner’s Recommendations which changed the Risk Analysis process followed by Worksafe and improved the safety of the forest industry by addressing the hazards of dust explosion.

Significant Arbitration Decisions

B.C.T.F. v. BCPSEA, 2009 CarswellBC 3929, [2009] B.C.C.A.A.A. No. 81, 99 C.L.A.S. 47
Craig has acted as counsel for the British Columbia Teachers’ Federation in many significant cases including this, the longest and most complex labour arbitration hearing in BC. In the 2008-2008 school year, the BCTF challenged over 1,000 classes which exceeded statutory class size limits in a school year. In this representative arbitration, which proceeded in the same school year starting in November, the BCTF called evidence of learning and working conditions in over 60 classrooms in schools in seven districts throughout BC, travelling to hold hearings in each community. In a very challenging but highly efficient process, the parties dealt with thousands of pages of documents in over 11 weeks of hearings in a seven-month period resulting in arbitral guidelines which were applied to resolve over a thousand disputed class sizes.

Abbotsford Police Board and Abbotsford Police Assn., Re 2016 CarswellBC 2277, [2016] B.C.W.L.D. 5781
Craig was counsel for the Police Association in this grievance challenging discipline of a police officer for inappropriate off duty conduct. This arbitration award challenged the decision of the Chief of Police as a government actor and raised Charter challenges to the imposition of a no contact order for the officer. The arbitrator created new law when he became the first Canadian decision maker to accept that section 2(d) of the Charter protects the freedom of individuals to associate in personal relationships, subsequently ruling that the Chief’s no contact order and discipline interfered with the officer’s Charter rights in a manner not saved by section  1.

Louvris and ILWU Canada, Local 500, Re 2017 CIRB 845, 40 C.L.R.B.R. (3d) 255
Craig was counsel for a longshore union responding to the challenges of the elimination of mandatory retirement in an industry with a defined benefit pension plan structured on a fixed retirement age. The Union passed dispatch rules which restricting work opportunities for members colleting an industry pension on the basis that they were double dipping. This decision created new law when the CIRB accepted that notwithstanding the human rights basis for eliminating mandatory retirement, a union could restrict work for those collecting a pension who did not wish to retire to maintain the integrity of the dispatch system and industry pension plan. This decision was a precedent for thousands of other federally regulated employers.

Bradshaw v. Workers’ Compensation Board 2017 BCSC 1092, 2017 CarswellBC 1785,
Craig acted as counsel for an individual who was self employed as a lay advocate representing workers at the Worker’s Compensation Board when Worksafe imposed restrictions on the advocate’s communications. Craig launched and won a judicial review in which the Court accepted that it could regulate how Worksafe deals with advocates  his decision established new law when the judge recognized that even in the absence of any regulation of self employed lay advocates, Worksafe was required to act with procedural fairness when taking actions which affect the ability of individuals to act as advocates. This decision enhanced access to justice by providing some protection for lay advocates who represent workers obligations to be met by diverting benefits owed to Canadian workers to satisfy US claims.

Gateway Casinos & Entertainment Limited v. BCGEU 2018 BCSC 1700, 2018 CarswellBC 2622
Craig was honoured to be able to assist BCGEEU’s general counsel in representing striking casino workers on a short leave injunction application in which a struck employer attempted to restrict lawful picketing by alleging improper conduct by the strikers. This case is significant because the court accepted that a union’s picketing will inconvenience third parties and it rejected a de minimis approach to picketing interference. This case is significant because it is the only instance in the last fifteen years in which the BC Supreme Court has refused to provide a struck employer with relief against picketers in such an application.

Health Employers Assn. of British Columbia v. B.C.N.U., 2005 BCCA 343, 2005 CarswellBC 1504
As a second-year call, Craig represented the BC Nurses Union in a grievance challenging an employer’s unilateral recovery of overpayments which is claimed to be allowed pursuant to a policy interpretation by the Employment Standards Branch of the Employment Standards Act. The arbitrator rejected the ESB’s interpretation of its home statute as incorrect and applied the ESA correctly to prevent the recovery. The employer appealed and a five justice panel accepted for the first time that a labour arbitrator is required to be correct in applying legislation and cannot defer to the reasonable interpretation of a statute by a tribunal which regularly applies that statute even when the result is different application of the law for unionized versus non-unionized employees.

Education

  • LLB, Peter A. Allard School of Law, University of British Columbia, 1999
  • BA (Hon), Political Science, University of British Columbia, 1996

 

Associations

  • Member, Canadian Bar Association
  • Member, Canadian Association of Labour Lawyers
  • Member, Canadian Association of the Practical Study in Law in Education
  • Volunteer, Board of Directors, Vancouver Laughter Mission Society
  • Director, Vancouver Laughter Mission Society, 2007-2009

Bar Admissions

  • 2000, British Columbia
  • 2008-2015, Saskatchewan

Practice Areas

Labour Law sectors:

  • Education
  • Forestry
  • Government
  • Health Care
  • Longshoring
  • Mining
  • Pulp and Paper

Labour related practice areas:

  • Administrative Law
  • Banktruptcy
  • Civil Litigation
  • Human Rights
  • Maritime Law
  • Worker’s Compensation

Craig Bavis has been a Partner at Victory Square Law Office since 2005.

Craig has extensive experience in advising and representing unions in mediation, arbitrations and at Labour Relations Board hearings. He has appeared in all levels of court up to the BC Court of Appeal and Federal Court of Appeal. Craig primarily represents unions in the public and private sector across British Columbia in labour matters. Craig also works in Saskatchewan where he is involved in Charter litigation.

Craig also represents individual workers in employment law matters, including:

  • professional discipline
  • wrongful dismissal
  • contract negotiating, and
  • disputes with disability benefit providers.

Craig has also acted for individuals in proceedings with many professional bodies including the College of Teachers, College of Registered Nurses, College of Dental Surgeons, and administrative tribunals including the Employment Standards Tribunals, Worker’s Compensation Board, and BC Human Rights Tribunal.

Craig has a particular interest in human rights and Charter of Rights and Freedoms issues. He has published articles on Charter rights and privacy issues and continues to be actively involved in Charter litigation in British Columbia. In addition, Craig has an interest in Aboriginal law and has provided free legal services to First Nations people in Aboriginal fishing rights litigation in Federal Court.

In addition, Craig is a part-time instructor in the Labour Studies Program at Capilano University where he teaches arbitration law and skills to union members. He is also one of the founding members of the Worker Education and Labour Learning Society (WELLS). WELLS is an initiative of the Vancouver District Labour Council to create a not-for-profit society delivering outstanding legal education on labour and employment issues to workers and unions at affordable prices.

While Vancouver is home base, Craig was a member of the Saskatchewan Law Society from 2008 to 2015, while litigating the right to strike for the Saskatchewan Federation of Labour. He spent enough winter days on the prairies to know that BC is home and working in the maritime sector is the most interesting facet of labour law.

When not practising law or teaching, roller blading the seawall or snowboarding, Craig is an avid traveler and theatre-goer and somehow finds time to volunteer on the Board of Directors of the Vancouver Laughter Mission Society, a non-for-profit society dedicated to providing comedy performers for people suffering from life threatening or terminal illnesses and their care givers, Because Humor Helps.

Recognition and Awards

  • Chambers and Partners ranks Craig in Band 1 for Employment & Labour for Unions – British Columbia
  • 2017, Craig was awarded  the Canadian Freedom of Association Award. The CFAA is an annual award to a person or organization that has made an outstanding contribution to promoting understanding of and compliance with international standards regarding the right to organize and bargain collectively as those standards apply to Canada.

In the News

  • Craig represented the BCTF at the LRB in establishing innovative responses to Covid 19 in the public education system. Read the news release.
  • Craig represented the BC Ferry and Marine Workers Union in a judicial review of the crewing levels on new Island Class vessels. Read the Victoria News story.
  • Craig is regularly invited to speak at conferences on labour issues including privacy rights, surveillance, medical information and the duty to accommodate.

British Columbia Maritime Employers Assn. and ILWU Canada (Ahmad), Re 2020 CarswellNat 4369 Canada Arbitration Federal, October 05, 2020  Docket: None given.  Subject: Public; Labour

Tolko Industries Ltd. and USW, Local 1-2017 (Brandle), Re 2020 CarswellBC 2763  British Columbia Arbitration  British Columbia  September 24, 2020  Docket: None given.  Subject: Labour; Public

Cariboo Pulp and Paper Co. and Unifor, Local 1115 (Klapatiuk), Re 2020 CarswellBC 2282  British Columbia Arbitration  British Columbia  September 14, 2020  Docket: None given.  Subject: Public; Labour

British Columbia Maritime Employers Assn. and ILWU Canada (Shift Extensions), Re 2020 CarswellNat 4093  Canada Arbitration  Federal  August 31, 2020  Docket: None given  Subject: Labour; Public

British Columbia Maritime Employers Assn. and ILWU Canada (Skills Differential Retroactivity Claim), Re 2020 CarswellNat 4092  Canada Arbitration  Federal  July 31, 2020  Docket: None given.  Subject: Public; Labour

Cariboo Pulp & Paper Co. and Unifor Local 1115 (Barker), Re  2020 CarswellBC 1899; 145 C.L.A.S. 44  British Columbia Arbitration  British Columbia July 15, 2020  Docket: None given.  Subject: Public; Labour

Tolko Industries Ltd. and USW, Local 1-2017, Re 2020 CarswellBC 1408; 2020 BCLRB 57  British Columbia Labour Relations Board British Columbia  May 28, 2020  Docket: None given.  Subject: Labour; Public

BC Public School Employers’ Assn. and BCTF (LeBourdais), Re 2020 CarswellBC 2765  British Columbia Arbitration  British Columbia  May 12, 2020 Docket: None given.  Subject: Labour; Public

Westshore Terminals Limited Partnership and ILWU Canada, Local 502 (Absence Policy), Re 020 CarswellBC 2766  British Columbia Arbitration  British Columbia  April 27, 2020 Docket: None given.  Subject: Labour; Public

BC Public School Employers’ Assn. and BCTF (LeBourdais), Re 2020 CarswellBC 2767  British Columbia Arbitration  British Columbia  January 20, 2020  Docket: None given.  Subject: Labour; Public

Teck Metals Ltd. and USW, Local 480 (Vacation Plateau Policy), Re 2019 CarswellBC 3897; 142 C.L.A.S. 146  British Columbia Arbitration  British Columbia  December 10, 2019  Docket: None given.  Subject: Public; Labour

British Columbia Maritime Employers’ Assn. and ILWU Canada (Drug and Alcohol Policy), Re 2019 CarswellBC 3657; [2019] C.L.A.D. No. 231; 142 C.L.A.S. 117  British Columbia Arbitration  British Columbia  November 27, 2019  Docket: None given.  Subject: Public; Labour

Global Container Terminals Canada Limited Partnership and ILWU, Local 502 (Vacancy Hiring Process), Re 2019 CarswellNat 6087; 142 C.L.A.S. 20  Canada Arbitration  Federal  October 15, 2019  Docket: None given Subject: Labour; Public

Mount Polley Mining Corp. and USW, Local 1-2017, Re 2019 CarswellBC 2542  British Columbia Labour Relations Board  British Columbia August 22, 2019  Docket: B113/2019  Subject: Public; Labour

Western Forest Products Inc. and B.C. Federation of Labour, Re 019 CarswellBC 2310; 2020 C.L.L.C. 220-002; 41 C.L.R.B.R. (3d) 168  British Columbia Labour Relations Board  British Columbia  July 29, 2019  Docket: B104/2019  Subject: Public; Labour

Cariboo Pulp and Paper Co. and Unifor, Local 115 (11-44), Re 2019 CarswellBC 1974; 140 C.L.A.S. 315  British Columbia Arbitration  British Columbia  June 12, 2019  Docket: None given.  Subject: Public; Labour

St. James and USW, Local 1-2017, Re 2019 CarswellBC 1967; 140 C.L.A.S. 327  British Columbia Arbitration  British Columbia  June 19, 2019  Docket: None given.  Subject: Labour; Public

Polley Mining Corp. and USW, Local 1-2017 (Temporary Employees), Re  2019 CarswellBC 2434; 141 C.L.A.S. 64  British Columbia Arbitration  British Columbia June 04, 2019  Docket: None given.  Subject: Public; Labour

BC Ferry and Marine Workers’ Union v. British Columbia Ferry Services Inc. 2019 CarswellBC 1291; 2019 BCSC 732; 2019 C.L.L.C. 220-042; 307 A.C.W.S. (3d) 859  British Columbia Supreme Court  British Columbia  May 10, 2019  Docket: Vancouver S175858  Subject: Public; Labour

Raudales v. Interior Health Authority (No. 3)  2019 BCHRT 73; 2019 CarswellBC 1022  British Columbia Human Rights Tribunal British Columbia  April 17, 2019  Docket: 16065  Subject: Civil Practice and Procedure; Constitutional; Employment; Human Rights

Tolko Industries Ltd. and USW, Local 1-424, Re  2019 CarswellBC 672; 32 C.L.R.B.R. (3d) 56  British Columbia Labour Relations Board British Columbia  March 21, 2019  Docket: B33/2019  Subject: Public; Labour

British Columbia Maritime Employers’ Assn. and ILWU Canada (Drug and Alcohol Policy), 140 C.L.A.S. 294; 2019 CarswellNat 3695  Canada Arbitration  Federal  March 12, 2019  Docket: None given.  Subject: Public; Labour

Larkin v. Johnson 2019 CarswellBC 263; 2019 BCSC 164; 22 B.C.L.R. (6th) 387; 301 A.C.W.S. (3d) 863; 45 C.C.P.B. (2nd) 11  British Columbia Supreme Court  British Columbia  February 12, 2019  Docket: Vancouver S173176  Subject: Civil Practice and Procedure; Corporate and Commercial

British Columbia Public School Employers’ Assn. and BCTF (17-GVTA-48), Re 2019 CarswellBC 186; 138 C.L.A.S. 263 January 25, 2019  Docket: None given.

Schiller v. HMTQ, NHA and BCCNP 2018 CarswellBC 3498; 2018 BCPC 345; 301 A.C.W.S. (3d) 525  British Columbia Provincial Court  British Columbia  December 12, 2018  Docket: Terrace 19711 Subject: Civil Practice and Procedure; Estates and Trusts; Public; Torts; Municipal

British Columbia Maritime Employers’ Assn. and ILWU, Local 502 (HVAC Maintenance), Re 2018 CarswellNat 7466; 138 C.L.A.S. 110  Canada Arbitration  Federal  November 27, 2018  Docket: None given.  Subject: Public; Labour

Mount Polley Mining Corp. and USW, Local 1-2017, Re 2018 CarswellBC 3018; 27 C.L.R.B.R. (3d) 314  British Columbia Labour Relations Board  British Columbia  October 25, 2018  Docket: B151/2018  Subject: Public; Labour

Raudales v. Interior Health Authority (No. 2) 2018 CarswellBC 2925; 2018 BCHRT 239  British Columbia Human Rights Tribunal British Columbia  October 25, 2018  Docket: 16065  Subject: Civil Practice and Procedure; Constitutional; Employment; Human Rights

Cariboo Pulp & Paper Co. and Unifor, Local 1115, Re 2018 CarswellBC 2633  British Columbia Labour Relations Board  British Columbia September 26, 2018  Docket: B137/2018  Subject: Public; Labour

Gateway Casinos & Entertainment Limited v. BCGEU 2018 CarswellBC 2622; 2018 BCSC 1700; 2019 C.L.L.C. 220-010; 297 A.C.W.S. (3d) 400; 37 C.P.C. (8th) 369  British Columbia Supreme Court  British Columbia September 19, 2018  Docket: Vancouver S1810040  Subject: Civil Practice and Procedure; Property; Public; Torts; Labour

Teck Coal Ltd. and USW, Local 7884 (Coal Hauling), Re 295 L.A.C. (4th) 393; 2018 CarswellBC 2388; 137 C.L.A.S. 150  British Columbia Arbitration  British Columbia  August 13, 2018  Docket: None given.  Subject: Public; Labour

Precedent Setting Cases

SFL v. Saskatchewan, 2015 SCC 4, [2015] 1 S.C.R. 245, 248 L.A.C. (4th) 271, 249 281 C.L.R.B.R. (2d) 1
Craig was counsel for the lead Plaintiff, the Saskatchewan Federation of Labour, in this legally, factually, and procedurally complex five-year legal challenge to provincial essential service legislation which restricted the manner in which Saskatchewan unions could strike. This action was of one of five similar actions brought by unions which proceeded while the others were stayed and those unions allowed to participate in the SFL case. The demands and complexity of this case required Craig to become a member of the Saskatchewan Bar to prepare for and participate in the trial as co-counsel, later acting as lead counsel in the Court of Appeal and Supreme Court of Canada appeal. This decision is a landmark case for Canadian unions. It is one of the very rare instances in which the Supreme Court of Canada, recognized that “clearly the arc bends increasingly towards workplace justice,” and reversed its earlier decisions, creating a new Charter protected activity under section 2(d), the right of unions to strike in support of collective bargaining. Craig is regularly invited to speak on this issue at various conferences.

University of British Columbia v. Kelly, 2016 BCCA 271, 2016 CarswellBC 1735
Craig acted as counsel for Dr. Kelly at the BC Supreme Court and BC Court of Appeal and appeal of the BC Human Rights Tribunal decision that the UBC Faculty of Medicine had discriminated against Dr. Kelly in failing to accommodate his ADHD and in requiring him to withdraw from the program. The HRT determined that Dr. Kelly had $385,000 in wage loss and $75,000 in injury to dignity. The injury to dignity award was reduced on review to $30,000 but other aspects of the decision were upheld. On appeal, the Court of Appeal accepted that the HRT was reasonable in its injury to dignity award and restored the original $75,000 award.  This decision remains the highest BCHRT injury to dignity award and Craig is regularly approached by other counsel to discuss the case and provide advice.

Walter Energy Canada Holdings, Inc., Re 2017 BCSC 709, 2017 CarswellBC 1166
Craig represented a union of  300 miners in BC Supreme Court insolvency proceedings with a claim for $10 million in statutory and collective agreement severance and termination pay following the shut down of a BC coal mine when a US based resource parent company went bankrupt. During over 5 years of proceedings, the BC Supreme Court had to deal with a claim from a US pension fund seeking a priority claim against the assets of the Canadian subsidiary based on the US Employee Retirement Income Security Act of 1974 which allows claims to extend throughout a controlled corporate group. The court rejected the ERISA claim and accepted the position of the Canadian union that on a principled conflict of laws approach, the BC Supreme Court could not ignore the distinct US and Canadian corporate structures and could not allow US claims priority over Canadian claims against Canadians assets. The result of this ruling was that this case became a rare instance in which the employees of the insolvent corporation received 100% of their claims. The reasoning of this case is that US corporations with pension funding deficiencies cannot expect that Canadian courts will allow those

FINDINGS AND RECOMMENDATIONS AS A RESULT OF THE CORONER’S INQUEST PURSUANT TO SECTION 38 OF THE CORONERS ACT, [SBC 2007] C 15, INTO THE DEATH OF LUGG I Robert Francis
In an emotionally draining, but immensely satisfying case, Craig represented the workers at the Babine Forest Products mill who were injured and killed in a sawmill wood dust explosion in a high profile coroner’s inquest. The three week long inquest examined the forest industry regulatory framework, the role of the BC Safety Authority and Worksafe and their actions, and fire inspections and response in finding that the processing of a  “pine beetle kill” wood in mills not designed for that product led to highly combustible dust accumulations which Worksafe failed to recognize as a risk . The inquest led to over 40 Coroner’s Recommendations which changed the Risk Analysis process followed by Worksafe and improved the safety of the forest industry by addressing the hazards of dust explosion.

Significant Arbitration Decisions

B.C.T.F. v. BCPSEA, 2009 CarswellBC 3929, [2009] B.C.C.A.A.A. No. 81, 99 C.L.A.S. 47
Craig has acted as counsel for the British Columbia Teachers’ Federation in many significant cases including this, the longest and most complex labour arbitration hearing in BC. In the 2008-2008 school year, the BCTF challenged over 1,000 classes which exceeded statutory class size limits in a school year. In this representative arbitration, which proceeded in the same school year starting in November, the BCTF called evidence of learning and working conditions in over 60 classrooms in schools in seven districts throughout BC, travelling to hold hearings in each community. In a very challenging but highly efficient process, the parties dealt with thousands of pages of documents in over 11 weeks of hearings in a seven-month period resulting in arbitral guidelines which were applied to resolve over a thousand disputed class sizes.

Abbotsford Police Board and Abbotsford Police Assn., Re 2016 CarswellBC 2277, [2016] B.C.W.L.D. 5781
Craig was counsel for the Police Association in this grievance challenging discipline of a police officer for inappropriate off duty conduct. This arbitration award challenged the decision of the Chief of Police as a government actor and raised Charter challenges to the imposition of a no contact order for the officer. The arbitrator created new law when he became the first Canadian decision maker to accept that section 2(d) of the Charter protects the freedom of individuals to associate in personal relationships, subsequently ruling that the Chief’s no contact order and discipline interfered with the officer’s Charter rights in a manner not saved by section  1.

Louvris and ILWU Canada, Local 500, Re 2017 CIRB 845, 40 C.L.R.B.R. (3d) 255
Craig was counsel for a longshore union responding to the challenges of the elimination of mandatory retirement in an industry with a defined benefit pension plan structured on a fixed retirement age. The Union passed dispatch rules which restricting work opportunities for members colleting an industry pension on the basis that they were double dipping. This decision created new law when the CIRB accepted that notwithstanding the human rights basis for eliminating mandatory retirement, a union could restrict work for those collecting a pension who did not wish to retire to maintain the integrity of the dispatch system and industry pension plan. This decision was a precedent for thousands of other federally regulated employers.

Bradshaw v. Workers’ Compensation Board 2017 BCSC 1092, 2017 CarswellBC 1785,
Craig acted as counsel for an individual who was self employed as a lay advocate representing workers at the Worker’s Compensation Board when Worksafe imposed restrictions on the advocate’s communications. Craig launched and won a judicial review in which the Court accepted that it could regulate how Worksafe deals with advocates  his decision established new law when the judge recognized that even in the absence of any regulation of self employed lay advocates, Worksafe was required to act with procedural fairness when taking actions which affect the ability of individuals to act as advocates. This decision enhanced access to justice by providing some protection for lay advocates who represent workers obligations to be met by diverting benefits owed to Canadian workers to satisfy US claims.

Gateway Casinos & Entertainment Limited v. BCGEU 2018 BCSC 1700, 2018 CarswellBC 2622
Craig was honoured to be able to assist BCGEEU’s general counsel in representing striking casino workers on a short leave injunction application in which a struck employer attempted to restrict lawful picketing by alleging improper conduct by the strikers. This case is significant because the court accepted that a union’s picketing will inconvenience third parties and it rejected a de minimis approach to picketing interference. This case is significant because it is the only instance in the last fifteen years in which the BC Supreme Court has refused to provide a struck employer with relief against picketers in such an application.

Health Employers Assn. of British Columbia v. B.C.N.U., 2005 BCCA 343, 2005 CarswellBC 1504
As a second-year call, Craig represented the BC Nurses Union in a grievance challenging an employer’s unilateral recovery of overpayments which is claimed to be allowed pursuant to a policy interpretation by the Employment Standards Branch of the Employment Standards Act. The arbitrator rejected the ESB’s interpretation of its home statute as incorrect and applied the ESA correctly to prevent the recovery. The employer appealed and a five justice panel accepted for the first time that a labour arbitrator is required to be correct in applying legislation and cannot defer to the reasonable interpretation of a statute by a tribunal which regularly applies that statute even when the result is different application of the law for unionized versus non-unionized employees.

  • LLB, Peter A. Allard School of Law, University of British Columbia, 1999
  • BA (Hon), Political Science, University of British Columbia, 1996

 

  • Member, Canadian Bar Association
  • Member, Canadian Association of Labour Lawyers
  • Member, Canadian Association of the Practical Study in Law in Education
  • Volunteer, Board of Directors, Vancouver Laughter Mission Society
  • Director, Vancouver Laughter Mission Society, 2007-2009

Bar Admissions

  • 2000, British Columbia
  • 2008-2015, Saskatchewan

Offices

Our office is located on unceded territory of the Skwxwu7mesh (Squamish), Tsleil-Waututh (Burrard), and xʷməθkʷəy̓əm (Musqueam) Nations.

Office

604 684 8421

Toll free

1 877 684 8421

Vancouver

710–777 Hornby Street
Vancouver, BC V6Z 1S4

Victoria

1177 Fort Street
Victoria, BC V8V 3L1

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