The Court allowed the appeal and held that the labour relations regime imposed on RCMP members infringed freedom of association under s. 2(d) of the Charter.
It found the scheme lacked sufficient employee choice and independence for meaningful collective bargaining, and that excluding RCMP members from the statutory federal regime also infringed s. 2(d).
The infringements were not justified under s. 1, and invalidity of the offending statutory exclusion was suspended for 12 months.
