A public sector employee challenged a Rand formula dues check-off clause and related statutory provisions, arguing that compulsory union dues used for political and social causes violated the Charter.
The Court held that the Charter applied because the dues obligation arose through government action involving a Crown-controlled public sector employer.
A majority dismissed the appeal, concluding there was no infringement of freedom of expression and no basis for relief under freedom of association, although the judges differed significantly on whether s. 2(d) included protection against compelled association and whether any prima facie infringement occurred.
The decision is a leading authority on Charter application to public sector labour relations, compelled association, and the constitutional treatment of mandatory union dues.
