Meg Kinnear

The appellant appealed a decision of the Federal Court of Appeal regarding a denial of access to information by the Clerk of the Privy Council.

The Supreme Court of Canada dismissed the appeal, adopting the reasons of the Federal Court of Appeal, which found the Clerk was justified in denying access.

However, the Court awarded costs to the appellant throughout.

The appellants challenged the constitutional validity of the Maintenance of Ports Operations Act, 1986, arguing that the back-to-work legislation violated their freedom of association under section 2(d) and their right to liberty under section 7 of the Charter.

The Supreme Court of Canada dismissed the appeal, holding that earlier jurisprudence limiting the scope of freedom of association regarding the right to strike also applied to the right to liberty under section 7.

The Court further held that the penalty attached to the refusal to return to work was a strict liability offence intended to enforce the regulatory scheme.