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CANADA: Supreme Court Mounted Police Association of Ontario v. Canada (Attorney General)

CANADA: Supreme Court Mounted Police Association of Ontario v. Canada (Attorney General) Can. 1 CANADA Supreme Court Mounted Police Association of Ontario v. Canada (Attorney General) Constitutional law ­ Charter of Rights ­ freedom of association ­ right to collective bargaining ­ challenge to constitutionality of legislation excluding RCMP members from public service labour relations regime and imposing non-unionized regime ­ legislatively imposed regime not independent from management and not providing for employee choice of association or input into selection of collective goals ­ whether impugned legislation substantially interferes with right to meaningful process of collective bargaining and thereby infringes constitutional guarantee of freedom of association ­ if so, whether infringement justifiable HEADNOTES Facts Royal Canadian Mounted Police (RCMP) members were not permitted to unionize or engage in collective bargaining according to the Public Sector Labour Relations Act (PSLR Act). Instead, members of the RCMP were subject to a non-unionized labour relations scheme. The Staff Relations Representative Program (SRRP) was the core of the current labour relations scheme and was the primary mechanism through which RCMP members could raise labour relations issues (excluding wages). It was the only form of employee representation recognized by management. Two private associations of RCMP members whose goal was to represent RCMP members initiated a http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png International Labour Law Reports Online Brill

CANADA: Supreme Court Mounted Police Association of Ontario v. Canada (Attorney General)

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Publisher
Brill
Copyright
© Copyright 2017 by Koninklijke Brill NV, Leiden, The Netherlands
ISSN
0168-6526
eISSN
2211-6028
DOI
10.1163/22116028-90000139
Publisher site
See Article on Publisher Site

Abstract

Can. 1 CANADA Supreme Court Mounted Police Association of Ontario v. Canada (Attorney General) Constitutional law ­ Charter of Rights ­ freedom of association ­ right to collective bargaining ­ challenge to constitutionality of legislation excluding RCMP members from public service labour relations regime and imposing non-unionized regime ­ legislatively imposed regime not independent from management and not providing for employee choice of association or input into selection of collective goals ­ whether impugned legislation substantially interferes with right to meaningful process of collective bargaining and thereby infringes constitutional guarantee of freedom of association ­ if so, whether infringement justifiable HEADNOTES Facts Royal Canadian Mounted Police (RCMP) members were not permitted to unionize or engage in collective bargaining according to the Public Sector Labour Relations Act (PSLR Act). Instead, members of the RCMP were subject to a non-unionized labour relations scheme. The Staff Relations Representative Program (SRRP) was the core of the current labour relations scheme and was the primary mechanism through which RCMP members could raise labour relations issues (excluding wages). It was the only form of employee representation recognized by management. Two private associations of RCMP members whose goal was to represent RCMP members initiated a

Journal

International Labour Law Reports Online – Brill

Published: Nov 21, 2017

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