The self-represented applicant, a paramedic, brought an application seeking a declaration that the Ambulance Services Collective Bargaining Act, 2001 unjustifiably violates section 2(d) of the Charter by requiring ambulance workers to provide essential services during a strike.
The applicant argued that the legislation's purpose was unconstitutional on its face and therefore no evidentiary record of its effects was required.
The court dismissed the application, holding that a factual foundation demonstrating the legislation's deleterious effects on collective bargaining is essential, and its absence was fatal to the Charter challenge.