Statutory requirement for union incorporation to bargain collectively does not violate Charter freedom of association.
The appellant Institute was the bargaining agent for nurses employed by the federal government in the Northwest Territories.
When the nurses became employees of the territorial government, they became eligible for membership in the respondent Association, which had a statutory monopoly to bargain collectively.
The Institute sought incorporation under the Public Service Act to represent its former members, but the territorial government declined to enact the required legislation.
The Institute applied for a declaration that the incorporation requirement violated freedom of association under s. 2(d) of the Charter.
The Supreme Court of Canada dismissed the appeal, holding that the statutory monopoly and the requirement of incorporation did not infringe s. 2(d), as the activity of collective bargaining is not constitutionally protected.
Professional Institute of the Public Service of Canada v. Northwest Territories (Commissioner), 1990 SCC 72
