Supreme Court

Decision Information

Professional Institute of the Public Service of Canada v Northwest Territories (Commissioner)

Court Supreme Court
Date 1987-09-18
Other citations (1987) – 43 D.L.R. (4th) 472 (N.W.T. S.C.) – affirmed [1990] 2 S.C.R. 367 – reversed [1988] N.W.T.R. 223 (C.A.)
File numbers 8563
Judge(s) Marshall
Location Yellowknife
Cases and statutes considered Cases considered:
REFERENCE RE PUBLIC SERVICE EMPLOYEES RELATIONS ACT (ALBERTA) "THE ALBERTA REFERENCE" (S.C.C.), APRIL 9, 1987;
PUBLIC SERVICE ALLIANCE OF CANADA V. THE QUEEN (S.C.C.), APRIL 9, 1987;
RETAIL, WHOLESALE, DEPARTMENT STORE UNION V. SASKATCHEWAN (S.C.C.), APRIL 9, 1987;
R. V. OAKES (1986) 26 D.L.R. (4TH) 200.

Statutes considered:
PUBLIC SERVICE ACT, R.S.N.W.T., 1974, C. P-13, S. 42;
Canadian Charter OF RIGHTS AND FREEDOMS, S. 2
CANADA LABOUR CODE, PART V, S. 126;
PUBLIC SERVICE STAFF RELATIONS ACT, R.S.C., C. P-35, S. 34.
Decision information:

Abstract: Application for a declaration that section 42 (1) of the Public Service Act is inconsistent with the Charter and of no force or effect - Section 42 (1) requires the Applicant, a union, to obtain incorporation as a pre-condition to seeking the right to bargain collectively - The Territorial Government refuses to pass legislation that would allow the Applicant to bargain collectively - Applicant contends that its right to freedom of association under the Charter is violated by section 42 (1)
Decision: Application granted - Section 42 (1) of the Public Service Act inconsistent with the Charter and not demonstrably justifiable under section 1 - Section 42 (1) restricts freedom of association by precluding the Applicant to act as a union for its employees - While the activities of incorporated unions are not necessarily protected under section 2 (d) of the Charter, the right to join the union of one=s choice is protected.
Subjects: Constitutional law
Keywords: Freedom of association - violation

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