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Legal Aid Lawyers File Charter Challenge

June 04, 2015

Lawyers employed at Legal Aid Ontario (LAO) along with The Society of Energy Professionals (The Society) launched a constitutional challenge following two years of resistance by Legal Aid Ontario to recognize their right to collectively bargain as enshrined in the Canadian Charter of Rights and Freedoms.

Steven Barrett, who represents the applicants, believes they have a strong case, based on the Supreme Court of Canada’s recent holding in the RCMP case confirming employees have the constitutional right to democratically choose their own independent bargaining representative. As Barrett said, “The continued refusal of Legal Aid Ontario to recognize the Society as the democratically independent association freely chosen by the majority of LAO lawyers, and the continued refusal of Legal Aid Ontario to enter into a process of meaningful collective bargaining with the Society, is a serious infringement of the freedom of association guarantee in section 2(d) of the Charter of Rights and Freedoms.”

Lawyers

Steven Barrett, Christine Davies

Practice Areas

Constitutional Law, Labour Law