Catherine H. MacLean

The appellant Institute was the bargaining agent for nurses employed by the federal government in the Northwest Territories.

When the nurses became employees of the territorial government, they became eligible for membership in the respondent Association, which had a statutory monopoly to bargain collectively.

The Institute sought incorporation under the Public Service Act to represent its former members, but the territorial government declined to enact the required legislation.

The Institute applied for a declaration that the incorporation requirement violated freedom of association under s. 2(d) of the Charter.

The Supreme Court of Canada dismissed the appeal, holding that the statutory monopoly and the requirement of incorporation did not infringe s. 2(d), as the activity of collective bargaining is not constitutionally protected.

The appellant appealed a Federal Court of Appeal decision setting aside a Public Service Staff Relations Board order regarding designated employees in the Air Traffic Control Group.

The Board had assumed authority under s. 79 of the Public Service Staff Relations Act to determine the level of air services necessary for public safety in the event of a strike.

The Supreme Court of Canada dismissed the appeal, holding that the Board's task under s. 79 is solely to determine whether the performance of stipulated duties by designated employees is necessary for public safety, not to determine the level of service to be provided.