1 total
Appeal allowed on freedom of association breach in collective bargaining legislation.
In a constitutional labour appeal, the appellant challenged provincial legislation that nullified certain collective agreement terms and barred similar terms from being renegotiated until a specified date.
The central issue was whether the legislative scheme violated freedom of association under s. 2(d) of the Charter and whether any infringement was justified under s. 1.
The appellate court below had upheld the legislation on the basis of meaningful pre-legislative consultation and good faith dealings.
The Court allowed the appeal, substantially adopting the dissenting appellate reasons that found unconstitutional interference with collective bargaining protections.
