Two appeals from the Quebec Court of Appeal concerning whether the statutory exclusion of first-level managers from Quebec's Labour Code labour relations regime infringed freedom of association under s. 2(d) of the Canadian Charter and s. 3 of the Quebec Charter.
The majority (Jamal J., Karakatsanis, Kasirer and O'Bonsawin JJ.) held that there is one unified framework under s. 2(d) — the two-part substantial interference test originating in Dunmore — and that the Dunmore factors do not constitute a separate elevated-threshold test for positive rights claims.
Applying that framework, the Court found no substantial interference because the respondent association had managed to organize, voluntarily bargain, and had access to court remedies, with no causal link shown between the legislative exclusion and the employer's conduct.
Wagner C.J. and Côté J. concurred in the result but maintained that the distinct three-step Dunmore framework applies to positive rights claims.
Rowe J. also concurred, agreeing the Dunmore framework should be preserved for positive claims.
Appeals allowed.
