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.
