The applicant unions brought an application seeking a declaration that the Expenditure Restraint Act is unconstitutional and of no force and effect, arguing it violated their members' freedom of association under s. 2(d) of the Charter by rolling back and capping wage increases.
The Superior Court of Justice dismissed the application, finding that the legislation did not substantially interfere with the freedom of association, as it applied broadly across the federal public sector and did not target associational activities.
The court further held that even if there was a breach of s. 2(d), it would be saved under s. 1 of the Charter as a demonstrably justified response to the 2008 global economic crisis.
