W. Glenn McFetridge

The appellant union challenged the federal Public Sector Compensation Restraint Act, which extended collective agreements and fixed wage increases for public sector employees, arguing it violated freedom of association under s. 2(d) of the Charter and equality before the law under s. 1(b) of the Canadian Bill of Rights.

The Supreme Court of Canada dismissed the appeal.

The majority held that the guarantee of freedom of association does not include a constitutional guarantee of the right to bargain collectively and the right to strike.

The Court also found no violation of the Canadian Bill of Rights, as the legislation was directed at a valid federal objective of dampening inflationary expectations.

The Motor Transport Board of Manitoba held a show cause hearing regarding complaints that Purolator Courier Limited had contravened its public service vehicle certificates.

Following the hearing, the Board revoked Purolator's existing intra-provincial and extra-provincial authorities and substituted more restrictive ones.

The Manitoba Court of Appeal struck down the Board's order, finding it had exceeded its jurisdiction by focusing on the 'philosophy' of the courier's operations and by amending extra-provincial certificates without proper notice.

The Supreme Court of Canada allowed the Board's appeal, holding that the Board had jurisdiction to amend the certificates based on the established contraventions and that Purolator was not misled regarding the scope of the hearing.