View cases - Stewart McKelvey

trade unions should negotiate in good faith and endeavour to reach an agreement” (Committee ofExperts on the Application of Conventions and Recommendations, Freedom of Association andCollective Bargaining (1994), at para. 243). This is precisely the general principle that HealthServices endorses.(xii) The Argument on Charter Values2011 SCC 20 (CanLII)[96] Rothstein J. argues that the majority in Health Services erred in relying on theunderlying values of the Charter when interpreting the scope of s. 2(d) rather than on the text ofthe Charter itself (paras. 252-54). We can only respond that a value-oriented approach to thebroadly worded guarantees of the Charter has been repeatedly endorsed by Charterjurisprudence over the last quarter century.(xiii) Conclusion[97] Notwithstanding the comprehensive reasons of our colleague, we conclude thatHealth Services is grounded in precedent, consistent with Canadian values, consistent withCanada’s international commitments and consistent with this Court’s purposive and generousinterpretation of other Charter guarantees. In our view, it should not be overturned.(2) Application: Have the Respondents Established a Breach of Section 2(d)?