Freedom of Association

• Author: Hon. Robert J. Sharpe, Kent Roach
• Pages: 193-204

193

CH AP TER 10

FR EEDOM

OF ASSOCIATION

Freedom of association, guara nteed 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 organiz ations 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 z-

es the right of individua ls 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 guarantee of freedom of

association been more hotly debated than with respect to the in stitu-

tions and practices of collective bargaining. Most of the caselaw on

section 2(d) deals with labour relations, especi ally in the public sec-

tor. 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 t he essential activ ities of the group,

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

Another important iss ue for the collective bargaining regime is wheth-

er freedom of association includes the right 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?