B. G. Welsh

The appellant union challenged the federal Public Sector Compensation Restraint Act, which extended collective agreements and fixed wage increases for public sector employees, arguing it violated freedom of association under s. 2(d) of the Charter and equality before the law under s. 1(b) of the Canadian Bill of Rights.

The Supreme Court of Canada dismissed the appeal.

The majority held that the guarantee of freedom of association does not include a constitutional guarantee of the right to bargain collectively and the right to strike.

The Court also found no violation of the Canadian Bill of Rights, as the legislation was directed at a valid federal objective of dampening inflationary expectations.

Following unsuccessful contract talks, dairy workers served strike notices and employers responded with lock-out notices.

The Saskatchewan legislature enacted back-to-work legislation temporarily prohibiting strikes and lock-outs and imposing compulsory arbitration.

The Supreme Court of Canada held that while the legislation infringed the workers' freedom of association under s. 2(d) of the Charter by prohibiting strikes, the infringement was justified under s. 1 due to the severe economic harm a work stoppage would cause to dairy farmers.