Freedom of Association

• Author: Robert J. Sharpe, Kent Roach
• Pages: 183-193

183

CHA PTER 10

FR EEDOM

OF ASSOCIATION

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

Rights and Freedoms, protects the r ight of individual s to come together

to form a wide array of organizations and relationships, including those

with political, religious, a nd social purposes. The diff‌icult threshold

issue for the courts has been whether the guarantee not only recognizes

the right of ind ividuals to come together in an organization but also

confers con stitutional protection on the activities essential to en sure

the association’s meaningf ul existence.

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

of associat ion been more hotly debated th an with respect to the inst i-

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

section 2(d) deals with labour relations, especial ly 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 t hat it also protects the essential activities of the g roup,

it has enormous impact, par ticularly in t he realm of labour rel ations.

Another important issue for the collective bargaining 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 un ion of one’s choice, or to refuse to join a un ion or pay

it dues?