In Canadian labour law, the Rand formula is a workplace compromise arising from jurisprudence struck between organized labour and employers that guarantees employers industrial stability by requiring all workers affected by a collective agreement to pay dues to the union by mandatory deduction in exchange for the union agreement to "work now, grieve later."
Section 7 of the Canadian Charter of Rights and Freedoms is a constitutional provision that protects an individual's autonomy and personal legal rights from actions of the government in Canada. There are three types of protection within the section: the right to life, liberty and security of the person. Denials of these rights are constitutional only if the denials do not breach what is referred to as fundamental justice.
Section 2 of the Canadian Charter of Rights and Freedoms ("Charter") is the section of the Constitution of Canada that lists what the Charter calls "fundamental freedoms" theoretically applying to everyone in Canada, regardless of whether they are a Canadian citizen, or an individual or corporation. These freedoms can be held against actions of all levels of government and are enforceable by the courts. The fundamental freedoms are freedom of expression, freedom of religion, freedom of thought, freedom of belief, freedom of peaceful assembly and freedom of association.
Freedom of religion in Canada is a constitutionally protected right, allowing believers the freedom to assemble and worship without limitation or interference.
R v Zundel [1992] 2 S.C.R. 731 is a Supreme Court of Canada decision where the Court struck down the provision in the Criminal Code that prohibited publication of false news on the basis that it violated the freedom of expression provision under section 2(b) of the Canadian Charter of Rights and Freedoms.
R v Tessling [2004] 3 S.C.R. 432, is a leading Supreme Court of Canada decision where the Court held that the use of thermal imaging by police in the course of an investigation of a suspect's property did not constitute a violation of the accused's right to a reasonable expectation of privacy under section 8 of the Canadian Charter of Rights and Freedoms.
R v Dyment, [1988] 2 S.C.R. 417 is a leading Supreme Court of Canada decision on the constitutional right to privacy under section 8 of the Canadian Charter of Rights and Freedoms.
R v Skinner, [1990] 1 SCR 1235, is a leading constitutional decision of the Supreme Court of Canada on the freedom of expression under section 2(b) of the Canadian Charter of Rights and Freedoms ("Charter").
Dunmore v Ontario (AG), 2001 SCC 94 is a leading Supreme Court of Canada decision on the constitutional right to freedom of association under section 2(d) of the Canadian Charter of Rights and Freedoms ("Charter"). The Court held that the lack of a positive framework that protected farm workers from employer reprisals for exercising their associational rights under the Charter constituted a "substantial interference" of their right to freedom of association. The Ontario government responded with the Agricultural Employees Protection Act, which extended only to agricultural workers and prohibited employer reprisals against employees exercising their rights under section 2(d) of the Charter.
Lavigne v Ontario Public Service Employees Union, [1991] 2 S.C.R. 211 is a leading Supreme Court of Canada decision on freedom of expression under section 2(b) of the Canadian Charter of Rights and Freedoms and freedom of association under section 2(d) of the Charter.
Section 20 of the Canadian Charter of Rights and Freedoms is one of the sections of the Constitution of Canada dealing with Canada's two official languages, English and French. Along with section 16, section 20 is one of the few sections under the title "Official Languages of Canada" that guarantees bilingualism outside Parliament, legislatures and courts. This also makes it more extensive than language rights in the Constitution Act, 1867. Section 20's specific function is to establish a right to English and French services from the governments of Canada and New Brunswick.
Adler v Ontario (AG), [1996] 3 S.C.R. 609 is a leading decision of the Supreme Court of Canada on the nature of the provincial education power and whether there was a constitutional obligation to fund private denominational education. The Court found that Ontario's Education Act did not violate sections 2(a) or 15(1) of the Canadian Charter of Rights and Freedoms or section 93 of the Constitution Act, 1867.
R v Wigglesworth, [1987] 2 S.C.R. 541 is a leading Supreme Court of Canada decision on the constitutional right against double jeopardy under Section 11(h) of the Canadian Charter of Rights and Freedoms. The Court gave a two-part test to determine whether a proceeding deals with a criminal matter.
Human rights in Canada have come under increasing public attention and legal protection since World War II. Prior to that time, there were few legal protections for human rights. The protections which did exist focused on specific issues, rather than taking a general approach to human rights.
The passage of the Canadian Charter of Rights and Freedoms in 1982 allowed for the provision of challenging the constitutionality of laws governing prostitution law in Canada in addition to interpretative case law. Other legal proceedings have dealt with ultra vires issues. In 2013, three provisions of the current law were overturned by the Supreme Court of Canada, with a twelve-month stay of effect. In June 2014, the Government introduced amending legislation in response.
Joseph James Arvay, was a Canadian lawyer who argued numerous landmark cases involving civil liberties and constitutional rights.
Société des Acadiens et Acadiennes du Nouveau-Brunswick Inc v Canada, 2008 SCC 15 is a Canadian constitutional law case, dealing with the language standards imposed by section 20(2) of the Charter of Rights and Freedoms on the Royal Canadian Mounted Police pursuant to their duties as New Brunswick's police force.
Saskatchewan Federation of Labour v Saskatchewan [2015] 1 SCR 245 is a Canadian labour law case on the right to strike.
R v Advance Cutting & Coring Ltd.[2001] 3 SCR 209 is a Canadian labour law case concerning compulsory trade union membership in the Quebec construction industry. The Supreme Court of Canada considered the application of section 2(d) of the Canadian Charter of Rights and Freedoms to the Quebec law in question. A divided Court affirmed the law's constitutionality.
Mounted Police Association of Ontario v Canada [2015] 1 SCR 3 is a leading Canadian labour law case concerning freedom of association under section 2(d) of the Canadian Charter of Rights and Freedoms. The Court concluded that the exclusion of Royal Canadian Mounted Police officers from unionization and collective bargaining was unconstitutional, overruling Delisle v Canada. Along with Saskatchewan Federation of Labour v Saskatchewan and Meredith v Canada , the decision in MPAO represented a significant evolution in the interpretation of section 2(d), clarifying the legal standard applicable under that provision.
