Charter Cases: Section 2(d): Freedom of Association

2. Everyone has the following fundamental freedoms:

… (d) freedom of association.

R. v. Khawaja, 2012 SCC 69

In R. v. Khawaja, a companion case heard alongside Sriskandarajah v. United States of America, the Supreme Court of Canada considered the constitutional argument of convicted terrorist conspirator, Mohammad Momin Khawaja. Continue reading

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Filed under Section 2(b): Freedom of Expression, Section 2(d): Freedom of Association, Section 2: Fundamental Freedoms

Association of Justice Counsel v. Canada (Attorney General), 2012 ONCA 530

This appeal stemmed from a labour dispute between Canada’s Department of Justice and its lawyers (the Association of Justice Counsel), who argued that the federal government’s Expenditure Restraint Act prevented them from exercised their right to collective bargaining, thereby infringing their right to freedom of association under Section 2(d) of the Charter of Rights and Freedoms. Continue reading

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Filed under Section 2(d): Freedom of Association

Ontario (Attorney General) v. Fraser, 2011 SCC 20

In Ontario (Attorney General) v. Fraser, the Supreme Court of Canada considered the extent to which collective bargaining rights are covered by the guarantee of freedom of association, and ultimately struck down an Ontario Court of Appeal decision on the matter as being too broad. Continue reading

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Filed under Section 2(d): Freedom of Association, Section 2: Fundamental Freedoms