Freedom of Association

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

216

CHAPTER 10

FREEDOM OF

ASSOCIATION

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

Rights and Freedoms, protects the right of individuals to come together

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

with political, religious, and social purposes. 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 meaningful existence.

Nowhere has the issue of the scope of the guarantee of freedom

of association been more hotly debated than with respect to the insti-

tutions and practices of collective bargaining. 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 activities of the group,

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

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

freedom of association includes the right to refuse to be associated

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?