Delisle v. Canada
Encyclopedia
Delisle v. Canada, [1999] 2 S.C.R. 989 is a Supreme Court of Canada
decision on the freedom of association
guarantee under section 2(d) of the Canadian Charter of Rights and Freedoms
. The Court defined the freedom as only applying to individuals and
not associations themselves. Accordingly, they found that the exclusion of the Royal Canadian Mounted Police
(RCMP) from the public services legislation did not violate section 2(d).
Gaétan Delisle was a member of the RCMP and president of an RCMP labour association. He brought a challenge to the federal Public Service Staff Relations Act (PSSRA) and part of the Canada Labour Code
on the grounds that it violated his right to association.
Justice Bastarache, writing for the majority, that the PSSRA did not violate the Charter as it did not affect members of the RCMP from forming their own independent associations. He further ruled that
"[t]he fundamental freedoms protected by s. 2 of the Charter do not impose a positive obligation of protection or inclusion on Parliament or the government, except perhaps in exceptional circumstances which are not at issue here."
Note that much of this case has been overruled by Health Workers v BC (2007)
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
decision on the freedom of association
Freedom of association
Freedom of association is the individual right to come together with other individuals and collectively express, promote, pursue and defend common interests....
guarantee under section 2(d) of the Canadian Charter of Rights and Freedoms
Canadian Charter of Rights and Freedoms
The Canadian Charter of Rights and Freedoms is a bill of rights entrenched in the Constitution of Canada. It forms the first part of the Constitution Act, 1982...
. The Court defined the freedom as only applying to individuals and
not associations themselves. Accordingly, they found that the exclusion of the Royal Canadian Mounted Police
Royal Canadian Mounted Police
The Royal Canadian Mounted Police , literally ‘Royal Gendarmerie of Canada’; colloquially known as The Mounties, and internally as ‘The Force’) is the national police force of Canada, and one of the most recognized of its kind in the world. It is unique in the world as a national, federal,...
(RCMP) from the public services legislation did not violate section 2(d).
Gaétan Delisle was a member of the RCMP and president of an RCMP labour association. He brought a challenge to the federal Public Service Staff Relations Act (PSSRA) and part of the Canada Labour Code
Canada Labour Code
The Canada Labour Code is an Act of Parliament of the Canadian government to consolidate certain statutes respecting labour. The objective of the code is to facilitate production by controlling strikes & lockouts, occupational safety and health, and some employment standards.Generally speaking, the...
on the grounds that it violated his right to association.
Justice Bastarache, writing for the majority, that the PSSRA did not violate the Charter as it did not affect members of the RCMP from forming their own independent associations. He further ruled that
"[t]he fundamental freedoms protected by s. 2 of the Charter do not impose a positive obligation of protection or inclusion on Parliament or the government, except perhaps in exceptional circumstances which are not at issue here."
Note that much of this case has been overruled by Health Workers v BC (2007)
See also
- List of Supreme Court of Canada cases (Lamer Court)
- Dunmore v. Ontario (2001)