Supreme Court of Canada upholds fundamental collective bargaining principle

Decision Date: 2014-02-07
Case Link: Bernard v. Canada, 2014 SCC 13

The Supreme Court of Canada upheld the requirement that a bargaining agent must have access to contact information of all members of the bargaining unit. The appellant had objected on the basis of her right under s. 2(d) of the Charter to be free from compelled association. The Court held that such a right did not extend to a right to complete isolation, and in any event, the compelled disclosure of home contact information in order to allow a union to carry out its representational obligations does not engage the freedom not to associate with the union.

Tim Gleason and Sean Dewart represented the intervenor, Canadian Civil Liberties Association.