Hutton v. Ontario (Attorney-General) (H.C.J.)
Constitutional Challenge to OPP Collective Bargaining Prohibition
Summary
A constitutional challenge to the prohibition on collective bargaining for senior officers of the Ontario Provincial Police (OPP), alleging it infringes on freedom of association under section 2(d) of the Charter. The court found the prohibition to be an unconstitutional infringement and also ruled that the distinction in bargaining rights between OPP and municipal police officers violates section 15 of the Charter.
Outcome
The legislative scheme was declared of no force and effect to the extent of the inconsistency with the Charter.
Key Factors
- freedom of association
- collective bargaining
- charter of rights
- equality rights
- unconstitutional distinction
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