Charter Rights — Ontario Employment Law

Many workers mistakenly believe that the Canadian Charter of Rights and Freedoms guarantees their absolute "free speech" or "freedom of religion" against any workplace discipline. However, a foundational principle of Canadian employment law is that Charter rights generally apply only to government actions and legislation, not private employment relationships. If you work for a private tech company or a retail chain in Ontario, workplace disputes over discrimination or suppressed speech are typically governed by the Ontario Human Rights Code or common law, rather than the constitution.

In the employment context, Charter rights most frequently surface in a few specific arenas. First, they apply directly to public sector employees, such as municipal staff, police officers, or federal Crown counsel. When legislation—such as expenditure restraint acts—attempts to unilaterally freeze salary negotiations or negate collective agreements, unions often challenge these laws as an infringement of the workers' Section 2(d) freedom of association and right to collective bargaining.

Second, Charter rights are heavily litigated during labour disputes and strikes. Striking workers assert their Section 2(b) freedom of expression when picketing an employer's facility to communicate their grievances to the public. However, Ontario courts consistently rule that these constitutional protections do not shield unlawful conduct. Actions such as physically blockading gates, creating safety hazards, or obstructing a business's operations exceed lawful picketing. Employers facing such blockades frequently seek court injunctions, forcing judges to balance the workers' freedom of expression against the employer's property rights.

Third, Charter rights become critical when challenging exclusions under provincial labour laws. When entire classes of workers—such as agricultural workers—are excluded from frameworks like the Labour Relations Act or the Employment Standards Act, 2000 (ESA), they may launch constitutional challenges to assert their rights to organize.

Finally, the Charter helps courts navigate complex relationships that intersect with fundamental freedoms. For example, in disputes involving religious institutions (such as a nun bringing a claim against a monastery), courts must carefully weigh civil employment law against the institution's Section 2(a) freedom of religion. Because determining whether government action is involved can be incredibly complex, securing guidance from a legal professional is the most effective way to ensure you are relying on the correct legal framework for your workplace dispute.