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freedom of association

The Clashing of Wage Restraint Legislation with s. 2(d) Collective Bargaining Rights

In Ontario English Catholic Teachers’ Association v. Ontario (Attorney General), 2024 ONCA 101 [OECTA], the majority of the Ontario Court of Appeal (“ONCA” or the “Court”) upheld the Superior Court finding that Ontario’s Bill 124 (“the Bill” or “the Act”)- which places a cap on wages in the public sector–is unconstitutional in its application to […]

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] […]