The applicant union challenged the constitutionality of the Restoring Mail Delivery for Canadians Act, back-to-work legislation enacted in response to rotating strikes and a nationwide lockout.
The Act mandated the resumption of mail delivery, extended the previous collective agreement, prohibited strike activity, and imposed a final offer selection arbitration process.
The court found that the Act violated the guarantee of freedom of association under s. 2(d) of the Charter by substantially interfering with a meaningful process of collective bargaining.
The court also found that the Act violated freedom of expression under s. 2(b) by prohibiting strike activity, which conveys meaning.
Neither violation was justified under s. 1 of the Charter.
The court declared the Act unconstitutional and of no force or effect retroactively.
