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 dicult 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?
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