freedom of association
Working Families Ontario v Ontario: Ontario Invokes Notwithstanding Clause
On June 8, 2021, the Ontario Superior Court of Justice (“ONSC” or “the Court”) released the decision of Working Families Ontario v Ontario, 2021 ONSC 4076 [Working Families]. The Court held that the amendments to Ontario’s Election Finances Act, RSO 1990, c E7, were unconstitutional. In response to the decision, the Government of Ontario invoked […]
Highwood Congregation v Wall : SCC Considers Religious Excommunication Appeal
On November 2 the Supreme Court of Canada heard oral arguments in the matter of Highwood Congregation of the Jehovah’s Witnesses et al v Randy Wall. This primer provides an overview of the case’s factual and legal background ahead of the hearing. During the appeal I live-tweeted most of the proceedings, which can can be viewed on my […]
RCMP Permitted to Form Unions: A Purposive Approach to Freedom of Association in Mounted Police Association of Ontario v Canada
In Mounted Police Association of Ontario v Canada (Attorney General), 2015 SCC 1, the Supreme Court of Canada ("SCC") made a major pronouncement on the scope of the section 2(d) freedom of association right under the Canadian Charter of Rights and Freedoms. In doing so, the court overturned Delisle v Canada (Deputy Attorney General), [1999] […]