View cases - Stewart McKelvey

allowed the appeal and declared the AEPA to be constitutionally invalid. It rendered its decisionafter the release of Health Services and Support — Facilities Subsector Bargaining Assn. v.British Columbia, 2007 SCC 27, [2007] 2 S.C.R. 391.Held (Abella J. dissenting): The appeal should be allowed and the action dismissed.Per McLachlin C.J. and LeBel, Binnie, Fish and Cromwell JJ.: Section 2(d) of the2011 SCC 20 (CanLII)Charter protects the right to associate to achieve collective goals. This requires a process ofengagement that permits employee associations to make representations to employers, whichemployers must consider and discuss in good faith. Laws or state actions that substantiallyinterfere with the ability to achieve workplace goals through collective actions have the effect ofnegating the right of free association and therefore constitute a limit on the s. 2(d) right of freeassociation, which renders the law or action unconstitutional unless justified under s. 1 of theCharter.Bargaining activities protected by s. 2(d) in the labour relations context include goodfaith bargaining on important workplace issues. It requires both employer and employees tomeet and to bargain in good faith, in the pursuit of a common goal of peaceful and productiveaccommodation. Good faith negotiation under s. 2(d) requires the parties to meet and engage inmeaningful dialogue; it does not impose a particular process; it does not require the parties toconclude an agreement or accept any particular terms; it does not guarantee a legislated disputeresolution mechanism in the case of an impasse; and it protects only the right to a generalprocess of collective bargaining, not to a particular model of labour relations, nor to a specific