Supreme Court
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