Tag: Freedom of Association

Saskatchewan Court of Appeal Finds Right to Strike Not Protected by Freedom of Association Guarantee in Charter

· 2 min read

A five-member panel of the Saskatchewan Court of Appeal has overturned a lower court decision which had found in part that restrictions on the right to strike in The Public Service Essential Services Act infringed the freedom of association guarantee in section 2(d) of the Canadian Charter of Rights and Freedoms. The Court of Appeal…

Supreme Court of Canada to Hear Appeal in Mounted Police Association Case

· 1 min read

The Supreme Court of Canada will be providing further clarification on the freedom of association guarantee in the Charter and the scope of collective bargaining. The Court has recently granted leave to appeal in Mounted Police Association of Ontario v. Canada, where the Court of Appeal for Ontario found that a separate labour relations scheme…

International Employment Lawyer Newsletter Publishes an Article by Michael Hines

An article by Hicks Morley’s Michael Hines was published in the September edition of International Employment Lawyer Newsletter. In the article entitled, “Canada – Freedom of Association under the Charter: Snake or Tree?“, Michael discusses recent contradictory judicial decisions concerning the “right to strike” asserted under section 2(d) of the Charter as interpreted by the…

Leave to Appeal Sought in Freedom of Association Case

· 1 min read

The Mounted Police Association is seeking leave to appeal from the decision of the Ontario Court of Appeal in Mounted Police Association of Ontario v. Canada (Attorney General), which found that a separate labour relations regime established for members of the RCMP did not violate the freedom of association guarantee in section 2(d) of the…

Court of Appeal Affirms Non-Construction Employer Declaration does not Infringe the Charter

· 5 min read

On May 8, 2012, the Ontario Court of Appeal found that the “non-construction employer” declaration in section 127.2 of the Ontario Labour Relations Act, 1995 (“LRA“) is constitutional. The Court of Appeal upheld the Divisional Court’s February 2011 ruling, finding that section 127.2 does not contravene the freedom of association guarantee found in section 2(d)…

The Fraser Decision: The Supreme Court of Canada Revisits Scope of Charter-Protected Collective Bargaining Rights

· 14 min read

On April 29, 2011, the Supreme Court of Canada issued its long-awaited judgement in the case of Ontario (Attorney General) v. Fraser, 2011 SCC 20 (“Fraser“). In a decision that has surprised many, the Court found, by an 8-1 margin, that the Agricultural Employees’ Protection Act, 2002 (“AEPA“) is constitutional. Moreover, while the majority of…

Non-Construction Employer Declaration Provision in LRA Constitutional

· 5 min read

On February 18, 2011, the Ontario Divisional Court held that the “non-construction employer” declaration provision in section 127.2 of the Ontario Labour Relations Act, 1995 (LRA) is constitutional and does not contravene the freedom of association guarantee found in section 2(d) of the Canadian Charter of Rights and Freedoms (Charter). As a result, the Court…

Court of Appeal Considers Scope of Right to Collectively Bargain

· 4 min read

In a decision released on November 17, 2008, the Ontario Court of Appeal considered the scope of the constitutional right of employees to collectively bargain. The Court found that, at a minimum, the right consists of: a statutory duty to bargain in good faith; statutory recognition of the principles of exclusivity and majoritarianism; and a…