Fay Faraday

The applicants, representing various public sector unions, challenged the constitutionality of the Protecting a Sustainable Public Sector for Future Generations Act, 2019 (Bill 124), which limited wage increases for broader public sector employees to 1% per year for a three-year moderation period.

The court found that the Act substantially interfered with the applicants' right to freedom of association under s. 2(d) of the Charter by preventing meaningful collective bargaining over wages and other compensation-related issues.

The court dismissed the applicants' claims under s. 2(b) (freedom of expression) and s. 15 (equality rights).

The court further held that the infringement of s. 2(d) was not saved by s. 1 of the Charter, as the government failed to demonstrate a pressing and substantial objective or that the measure was minimally impairing.

The Act was declared void and of no effect.

The Participating Nursing Homes (PNH) appealed a Divisional Court decision that upheld a Pay Equity Hearings Tribunal order.

The Tribunal had directed the PNH and unions to negotiate a gender-neutral comparison system (GNCS) for maintaining pay equity, specifically to address changes in job duties and ensure ongoing compliance with the Pay Equity Act.

The PNH argued that the Act did not require them to tie their maintenance obligation to the proxy employer's historical valuation of male jobs.

The Court of Appeal dismissed the appeal, affirming the Tribunal's authority to ensure compliance with the Act and the necessity of ongoing comparison, including through the proxy method, to maintain pay equity.

The Court of Appeal for Ontario dismissed an appeal from the Divisional Court, which had found the Pay Equity Hearings Tribunal's decision unreasonable.

The case concerned the interpretation of the Pay Equity Act, specifically whether the statutory proxy method, used to establish pay equity in female-dominated workplaces, must also be used to maintain it.

The Tribunal had ruled that the proxy method was not required for maintenance, leading to an internal comparison method.

The Court of Appeal affirmed that the Tribunal's interpretation was unreasonable, as it ignored the Act's purpose, scheme, and wording, which necessitate an ongoing comparison to male (or deemed male) comparators to redress systemic gender discrimination.

The matter was remitted to the Tribunal to specify procedures for maintaining pay equity using the proxy method.

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.

A proposed intervenor sought leave to participate extensively in a constitutional application challenging the Restoring Mail Delivery for Canadians Act, legislation enacted to end a postal workers’ strike.

The proposed intervenor requested rights to adduce evidence, cross‑examine witnesses, and make full submissions similar to the parties.

The court applied Rule 13.02 of the Rules of Civil Procedure and the governing intervention principles, including whether the intervenor would make a useful contribution without causing injustice to the existing parties.

The court held that the proposed evidence was largely argumentative and duplicative of arguments available to existing parties, particularly Canada Post and the Attorney General.

Finding the intervention would not assist the court and could expand the record unnecessarily, the motion was dismissed.

The applicants brought an application alleging that the provincial and federal governments breached ss. 7 and 15 of the Charter by making decisions and implementing program changes which eroded access to affordable housing.

The respondents brought motions to dismiss the application on the grounds that it did not disclose a reasonable cause of action and that the issues raised were not justiciable.

The court granted the motions and dismissed the application, finding that s. 7 does not impose a positive obligation on the state to provide affordable housing, and the impugned decisions did not deny the applicants a benefit given to others under s. 15.

The court also held that the issues raised were not justiciable as they involved broad policy choices.