Freedom of Association Faith & Karina

Mounted Police Association of Ontario v. Canada (attorney general) Case 1: Mounted Police Association of Ontario v. Canada (attorney general) 2015 SCC1 RCMP members were excluded from collective bargaining under the federal Public Service Labor Relations Act. Rather regulations under the Royal Canadian Mounted Police Act, established a program called Staff Relations Representative. A constitutive process through which the members of the RCMP could have input into their pay and remuneration. The constitutive process involved the development of a recommendation respecting wages by a Pay Council. The Pay Council used a process of consensus and collaboration to each recommendation that would be presented to the commissioner. Significantly from the Charter perspective, while members of the RCMP were not prohibited from forming “associations”, such associations had no ability to influence terms and conditions of employment in any meaningful way. The majority of the court found that this collective bargaining regime was unconstitutional. The majority considered its recent decisions that had affirmed a constitutional right to collective bargaining. The court gave 12 months to remedy the Charter breach.

Association of Justice Counsel v. Canada 2012 ONCA530 Case 2: Association of Justice Counsel v. Canada 2012 ONCA530 This appeal stemmed from a labor dispute between Canada’s Department of Justice and its lawyers who argued that the federal governments expenditure restraint act prevented them from exercised their right to collective bargaining, infringing their right to freedom of association under section 2(d) of the Charter of Rights and Freedoms. The Ontario Superior Court of Justice had partially agreed with the Association of Justice Counsel, stating that the limits on compensation increases for about 400,000 federal employees were in violation of section 2(d). They overturned the superior court decision, applying the principles in Ontario (attorney general) and specifically the idea that the right to freedom of association guarantees a process, not a result. The court noted that extensive attempts at collective bargaining had already been made prior to the Expenditure Restraint Act being passed into law.

Key Definitions Freedom: The power or right to act, speak, or think as one wants without hindrance or restraint. Association: A group of people organized for a joint purpose. Collective Bargaining: Negotiation of wages and other conditions of employment by an organized body of employees. Freedom of Speech: The right to express any opinions without censorship or restraint. Freedom of Assembly: The right to hold public meetings and form associations without interference by the government.

Background and History In 1944 the ILO (international labour organization) meeting in Philadelphia adopted the declaration of Philadelphia which redefined its aims and purposes. The declaration remains a guiding consideration in all ILO work and embodies these principles: labour is not a commodity freedom of association and of expression are essential to sustained progress poverty anywhere constitutes a danger to prosperity all human beings, irrespective of race, creed or set, have the right to pursue both their material well being and their spiritual development in conditions of freedom and dignity, of economic security and equal opportunity.

Background and History (cont) The Canadian Government has repeatedly pledged to abide by these international human rights standards. Canada recognized in 2000 that Canada does not expect other governments to respect standards which it does not apply to itself. Canada has bound this country legally and rhetorically in international law to ensure all workers in Canada actually have these rights and not to enact legislation or engage in activities that undermine them. Canada has failed to promote labour rights at home. During the past 30 years, federal and provincial governments have repeatedly violated the law they have been obliged to uphold, at great cost to Canada’s social and economic well being.

The Ku Klux Klan The first Ku Klux Klan was formed in 1865, the joint purpose for this group’s creation was to practice and promote white supremacy,white nationalism, anti semitism, nordicism, and anti catholicism. The movement was called for the “purification” of the american society. The organization displayed acts of terror such as assault, murder and terrorism. But the Ku Klux Klan cannot be disorganized because of the freedom of association. You can charge the offender for the acts but you are not allowed to charge or disassemble the whole group, for freedom of association, religion and speech. In conclusion the KKK is protected under the amendment of the constitutional law and the charter of rights and freedoms, this organization cannot be abolished.