View cases - Stewart McKelvey

! The common goals protected extend to some collective bargaining activities,including the right to organize and to present submissions to the employer.! What is required is a process that permits the meaningful pursuit of these goals.No particular outcome is guaranteed. However, the legislative framework mustpermit a process that makes it possible to pursue the goals in a meaningful way.2011 SCC 20 (CanLII)! The effect of a process that renders impossible the meaningful pursuit ofcollective goals is to substantially interfere with the exercise of the right to freeassociation, in that it negates the very purpose of the association and renders iteffectively useless. This constitutes a limit under s. 2(d) which is unconstitutionalunless justified by the state under s. 1 of the Charter. (This is an application of thesettled rule that a law or government act that in purpose or effect constrainsexercise of a right constitutes a limitation for purposes of s. 1: see Irwin Toy Ltd.v. Quebec (Attorney General), [1989] 1 S.C.R. 927).! The remedy for the resultant breach of s. 2(d) is to order the state to rectify thelegislative scheme to make possible meaningful associational activity in pursuit ofcommon workplace goals.(c) Health Services: Its Impact