Ian McGilp

During a lawful strike by court workers, a Superior Court judge issued an ex parte injunction on his own motion restraining picketing outside courthouses in the Regional Municipality of Waterloo.

The union appealed, arguing the injunction infringed its members' freedom of expression.

The Court of Appeal held that while the order infringed freedom of expression, it was justified under section 1 of the Charter to ensure unimpeded public access to the courts.

However, the court deleted a paragraph of the order prohibiting 'any activities whatsoever' as there was no evidence of non-picketing interference.

The appellant entered into a mortgage agreement that included a profit-sharing scheme.

The Supreme Court of Canada upheld the Court of Appeal's decision that the scheme constituted a criminal interest rate under s. 347 of the Criminal Code.

The Court also held that s. 347 is intra vires the Parliament of Canada and does not unconstitutionally infringe on provincial jurisdiction over property and civil rights.

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.

The appellants, a union and individual provincial civil servants, challenged the constitutionality of provisions in the Ontario Public Service Act that prohibited them from engaging in certain political activities, including during federal elections.

They argued the province lacked jurisdiction to legislate regarding federal elections.

The Supreme Court of Canada dismissed the appeal, holding that the impugned provisions were intra vires the province.

The Court found the legislation was validly enacted under the province's power to amend its constitution and regulate the tenure of provincial offices, as it aimed to ensure the political impartiality of the provincial public service, a fundamental principle of responsible government.