An RCMP officer challenged the constitutionality of legislation excluding RCMP members from the federal public sector labour relations regime, alleging infringements of freedom of association, freedom of expression, and equality rights under the Charter.
The majority held that s. 2(d) protects the formation of independent employee associations and lawful collective activity, but does not require Parliament to include RCMP members within a particular statutory labour relations scheme.
The majority further held that the exclusions did not infringe s. 2(b) or s. 15(1), emphasizing that the Charter generally imposes no positive obligation of legislative inclusion absent exceptional circumstances.
The appeal was dismissed, with a dissent concluding that the exclusion had an anti-associational purpose and failed s. 1 justification.
