Gordon v. Canada (Attorney General)

2016 ONCA 625 (CanLII)Court of Appeal for OntarioDecided Labour relations

Public Sector Wage Restraint: Charter s. 2(d) Appeal

Summary

This is an appeal concerning the constitutionality of the Expenditure Restraint Act (ERA) and the government's conduct during collective bargaining with public sector unions. The Court of Appeal for Ontario upheld the legislation, finding that the wage restraint measures and hard bargaining did not substantially interfere with the unions' freedom of association rights under section 2(d) of the Charter, and that any such interference was justified under section 1.

Outcome

appeal dismissed

Key Factors

  • freedom of association
  • public sector wage restraint
  • Charter section 2(d)
  • collective bargaining
  • section 1 justification

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