Saskatchewan Federation of Labour v Saskatchewan, supra note 6 at para 79.The most direct way that a government could infringe upon the freedom of association would be to punish citizens for associating or being members of a group. Catholic Children's Aid Society of Metropolitan Toronto v S(T) (1989), 69 OR (2d) 189 (CA): the Court held that freedom of association did not invalidate provincial child welfare legislation which precluded access by birth parents to children adopted by foster parents. R v Skinner, : the Court held that freedom of association did not protect street solicitation for the purposes of prostitution. Suresh v Canada (Minister of Citizenship and Immigration), 2002 SCC 1 at para 107, 1 SCR 3. Ontario (Attorney General) v Fraser, 2011 SCC 20 at paras 41-42, 2 SCR 3. Saskatchewan Federation of Labour v Saskatchewan, 2015 SCC 4 at para 75. Mounted Police Association of Ontario v Canada, 2015 SCC 1 at para 54. Canadian Charter of Rights and Freedoms, Part 1 of the Constitution Act, 1982, being Schedule B to the Canada Act 1982 (UK), 1982, c 11 For example, governments can limit employees’ right to strike if the employees perform services that are essential to society, such as medical or other emergency services. įreedom of association is also subject to reasonable limits that the government may place on it and justify under section 1 of the Charter. Freedom of association also does not apply to some special types of relationships, such as intimate relationships and family relationships. This means that someone who joins a terrorist organization is not protected by freedom of association from, for example, being deported because of their membership in that organization. For example, it does not protect a group’s violent activities. Like other Charter rights, freedom of association has limits. Similarly, employers have a duty to negotiate, but not duty to come to a certain agreement or agree to any particular terms or conditions. Essentially, bargaining has to happen but how it happens is not protected. Employees do not have a right, however, to a specific method of bargaining. Government employers have a corresponding duty to meet and engage with employees when they present their demands. Employees have the right to gather together, to present demands to their employer, to engage in discussions to achieve their goals, and to strike if they do not reach an agreement. It is important to note, however, that this right only protects the process of bargaining, and not a particular outcome. Courts have held that employees have a right to associate to pursue common workplace goals, which includes a right to collective bargaining.
Freedom of association, therefore, is both a collective right and an individual right.įreedom of association often comes up in the context of trade unions and employee associations. This recognizes that when people form a group, that group can take on “a life of its own” and develop needs that are bigger than those of its individual members. Rather, it protects group activities that an individual cannot perform by themselves. įreedom of association is different from other fundamental rights because it does not merely protect an individual’s activities. Freedom of association protects their right to strike and collectively bargain with their employers. This particularly applies to associations of vulnerable people, such as employees. Joining with others to bargain, negotiate, and match the strength of more powerful groups of people.This means that the government cannot stop a group’s activities that relate to other constitutional freedoms. Joining with others to pursue other constitutional rights or freedoms.This means that government cannot prevent people from meeting together to form a group. Joining with others to form associations.įreedom of association protects three types of activities: Its purpose is to recognize the social nature of human activities and allow individuals to work together to achieve common goals.
Freedom of association is one of the fundamental freedoms protected under section 2 of the Charter.
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