|
''Professional Institute of the Public Service of Canada v Northwest Territories (Commissioner)'', () 2 S.C.R. 367 is a leading Supreme Court of Canada decision on the freedom of association under section 2(d) of the ''Canadian Charter of Rights and Freedoms''. ==Background== The Professional Institute of the Public Service of Canada (PIPSC) was the federal bargaining agent for 32 nurses in the Northwest Territories. On September 1, 1986 the federal government transferred authority over health to the territorial government requiring the nurses to become employees of the territorial government. To form a collective agreement with the territorial government the territorial ''Public Service Act'' required that the bargaining agent be incorporated by the territory. The PIPSC attempted to get incorporated within the territory in order to collectively bargain on behalf of the nurses. The territory denied the application and stated that there was already a sufficient number of incorporated collective bargaining groups. PIPSC applied for a declaration to have section 42(1) of the ''Public Services Act'' struck down for violation of freedom of association under s. 2(d) of the ''Charter''. At the superior court the declaration was allowed, but was overturned on appeal. The issue before the Supreme Court of Canada was whether section 42(1), which restricted who could engage in collective bargaining, violated section 2(d) of the ''Charter'' and whether it was justifiable under section 1. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Professional Institute of the Public Service of Canada v Northwest Territories (Commissioner)」の詳細全文を読む スポンサード リンク
|