References: [1991] 2 SCR 211, 1991 CanLII 68 (SCC)
Links: Canlii
Coram: Wilson, La Forest, L’Heureux-Dube, Sopinka, Gonthier, Cory and McLachlin JJ
Canlii Supreme Court of Canada – Constitutional law – Charter of Rights – Application – Union entering into collective agreement with community college containing mandatory dues check-off clause – Employee objecting to expenditure of union dues on causes unrelated to collective bargaining – Whether Charter applies – Colleges Collective Bargaining Act, R.S.O. 1980, c. 74, s. 53 – Canadian Charter of Rights and Freedoms, s. 32(1).
Constitutional law – Charter of Rights – Freedom of association – Union entering into collective agreement with community college containing mandatory dues check-off clause – Employee objecting to expenditure of union dues on causes unrelated to collective bargaining – Whether s. 2(d) of Canadian Charter of Rights and Freedoms infringed – If so, whether infringement justifiable under s. 1 of Charter – Colleges Collective Bargaining Act, R.S.O. 1980, c. 74, ss. 51, 52, 53.
Constitutional law – Charter of Rights – Freedom of expression – Union entering into collective agreement with community college containing mandatory dues check-off clause – Employee objecting to expenditure of union dues on causes unrelated to collective bargaining – Whether s. 2(b) of Canadian Charter of Rights and Freedoms infringed – If so, whether infringement justifiable under s. 1 of Charter – Colleges Collective Bargaining Act, R.S.O. 1980, c. 74, ss. 51, 52, 53.
Wilson J observed: ‘The Oakes inquiry into ‘rational connection’ between objectives and means to attain them requires nothing more than showing that the legitimate and important goals of the legislature are logically furthered by the means government has chosen to adopt.’
This case is cited by:
- Cited – Bank Mellat -v- Her Majesty’s Treasury (No 2) SC (Bailii Summary, WLRD, Bailii, [2013] UKSC 39, [2013] Lloyd’s Rep FC 580, [2013] 3 WLR 179, [2013] HRLR 30, [2013] 4 All ER 533, [2013] WLR(D) 244, WLRD, UKSC 2011/0040, SC Sumary, SC)
The bank challenged measures taken by HM Treasury to restrict access to the United Kingdom’s financial markets by a major Iranian commercial bank, Bank Mellat, on the account of its alleged connection with Iran’s nuclear weapons and ballistic . .