Privacy Rights vs. Union’s Duty to Represent its Membership: The Bernard Case Concludes

The Supreme Court of Canada dismissed the appeal in Bernard v. Canada (Attorney General), thus ending the “legal odyssey” of an employee who did not want her personal information disclosed to the unions which she declined to join during her years of employment with the federal government, but to which she was mandatorily obligated to…

Privacy Rights and A Union’s Duty to Represent its Membership

Last week, a case that has significant labour relations and privacy implications was argued before the Supreme Court of Canada. At issue in Bernard v. Canada (Attorney General) is the appropriate balance between an individual’s privacy rights and a union’s right, and duty, to represent its membership. In other words, what employee personal information is…