The Legal Landscape of Freedom of Association in Canada: The Complex Path to Half of a Constitutional Freedom

What is it about?

This article traces how Canada's constitutional guarantee of freedom of association has developed over time. The courts first read it in very constrained ways and rejected early labour claims. That resulted in other claims being rejected based on those precedents. Then the courts later changed this in the labour context and protected many labour rights under the constitutional freedom of association. To some degree, parliaments are reacting and sometimes reversing this through a special clause in Canada's constitution. Nonetheless, Canada's freedom of association seems to have more scope than before and that may be taken up in future in contexts beyond labour contexts.

Featured Image