Freedom of Association

• Author: Robert J. Sharpe; Kent Roach
• Pages: 205-218

205

CH AP TER 10

FR EEDOM OF

ASSOCIATION

Freedom of association, guaranteed by section 2(d) of the Charter of

Rights and Free doms, protects t he right of individuals to come together

to form a wide array of organi zations and relationships, including those

with political, relig ious, and social purpose s. The diff‌icult threshold

issue for the courts has b een whether the guarantee not only recogni zes

the right of individual s to come together in an organization but also

confers constitutional protection on the activitie s essential to ensure

the association’s meaningf ul existence.

Nowhere has the issue of the scope of the gu arantee of freedom

of association been more hotly debated tha n with respect to the in sti-

tutions and practices of collective barga ining. Most of the caselaw on

section 2(d) deals with labour relations, especi ally in the public sector.

If section 2(d) protects only the right to come together and form an

association, its importance is relatively modest. On the other hand, to

the extent that it also protects the essential activ ities of the group, it

has enormous impact, particularly in the realm of labour relations. An-

other important issue for the collective bargaining regime is whether

freedom of association includes the r ight to refuse to be associ ated

with a group or its views and policies. Does section 2(d) include the

right to join the trade union of one’s choice, or to refuse to join a union

or pay it dues?