''Delisle v Canada (Deputy AG)'',
9992 SCR 989 is a
Supreme Court of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, wh ...
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 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
The ''Canada Labour Code'' (french: Code canadien du travail) (the Code) is an Act of the Parliament of Canada to consolidate certain statutes respecting labour. The objective of the Code is to facilitate production by controlling strikes & l ...
'' on the grounds it violated his right to association.
Bastarache J, writing for the majority, held that the PSSRA did not violate the ''Charter'' because it did not affect members of the RCMP from forming their own independent associations. He further ruled that, "The 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."
[para. 33]
Note that much of this case has been overruled b
Health Services v BC (2007)
See also
*
List of Supreme Court of Canada cases (Lamer Court)
* ''
Dunmore v Ontario (AG)'' (2001)
Notes
External links
* {{lexum-scc2, 1999, 2, 989, 649
Canadian Charter of Rights and Freedoms case law
Supreme Court of Canada cases
1999 in Canadian case law