Freedom of Association

• Author: Robert J. Sharpe; Kent Roach
• Pages: 216-230

216

C H A P T E R 10

FR EEDOM OF

ASSOCIATION

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

Rights and Free doms, protects the right of individual s to come together

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

with political, religious, and social purpose s. The dicult threshold

issue for the courts ha s been whether the guarantee not only recognizes

the right of individuals to come together in an organization but also

confers constitutional protection on the activities 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 insti-

tutions and practices of collective bargai ning. 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 impor tance is relatively modest. On t he other hand,

to the extent that it also protects the essential act ivities of the group,

it has enormous impact, part icularly in the realm of labour relations.

Another important is sue for the collective bargainin g regime is whether

freedom of association includes t he right to refuse to be associated

with a group or its views and policies. Doe s 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?