Summary

34948

Mounted Police Association of Ontario, et al. v. Attorney General of Canada

(Ont.) (Civil) (By Leave)

Keywords

Canadian charter - civil - Employment law, Labour Law, Freedom of association, Collective bargaining.

Summary

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Canadian Charter of Rights and Freedoms - Labour and employment law - Freedom of association - Collective bargaining - Regulations imposing a labour relations regime for RCMP members - Whether s. 96 of the Royal Canadian Mounted Police Regulations, 1998, SOR/88-361, infringes s. 2(d) of the Canadian Charter of Rights and Freedoms - If so, whether the infringement is a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms - Whether para. (d) of the definition of “employee” at s. 2(1) of the Public Service Labour Relations Act, S.C. 2003, c. 22, infringes s. 2(d) of the Canadian Charter of Rights and Freedoms - If so, whether the infringement is a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms.

The Royal Canadian Mounted Police Regulations (“Regulations”) impose an employee relations regime for members of the RCMP. Section 96 of the Regulations stipulates that the Staff Relations Representative Program (“SRRP”) was created “to provide for representation of the interests of all members [of the RCMP] with respect to staff relations matters”. The work of the SRRP is carried out by Staff Relations Representatives that are elected by members of the RCMP. The Mounted Police Association of Ontario (“MPAO”) and the British Columbia Mounted Police Professional Association (BCMPPA) are associations that were formed in the hopes of providing a collective means of resolving employment issues with RCMP management. However, while RCMP members are free to form and participate in such organizations, s. 96 of the Regulations establishes the SRRP as the only process by which RCMP members can address labour issues with RCMP management. The MPAO and BCMPPA brought an application seeking, among other things, a declaration that s. 96 of the Regulations unjustifiably infringes the rights of members of the RCMP under s. 2(d) of the Charter by preventing the formation and maintenance of an independent labour association by members of the RCMP for the purposes of engaging in collective bargaining.