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Essay / Research Paper Abstract
This 3-page paper examines the freedom of speech and association in the above case. Bibliography lists 2 sources.
Page Count:
3 pages (~225 words per page)
File: D0_MTlaviopse.rtf
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Unformatted sample text from the term paper:
concern of a non-union employee objecting to the spending of union dues (to which he contributed) on causes that were not related to collective bargaining (LexUM, 1991).
The teacher in question, Frances Lavigne, was required to pay dues to the Ontario Public Service Employees Union (OPSEU) though he, himself, was not
a member (LexUM, 1991). This was not the problem, as such clauses are allowed by the Colleges Collective Bargaining Act (LexUM, 1991). Mr. Lavignes concern was that his dues (as
well as others) were being contributed to the National Democratic Party and disarmament campaigns, which Lavigne did not support or agree with (LexUM, 1991). The trial judge on the lower
court level ruled that the Canadian Charter of Rights and Freedoms applied to Lavignes situation, in that his freedom of association rights had not been infringed, nor was there infringement
of the appellants freedom of expression (LexUM, 1991). However, the Court of Appeal reversed the judgment, stating that the use of
union dues was a private activity by a private organization, and therefore beyond the Charters reach (LexUM, 1991). There was still no infringement of the appellants freedom of association, as
Lavigne was free to associate with others - and the court agreed with the trial judge in that the appellants freedom of expression wasnt infringed (LexUM, 1991).
The Supreme Court however, dismissed the appeal, noting that the Charter applies to the government (which, in a sense, oversees the Council of Regents,
which oversees the union) (LexUM, 1991). The Supreme court was also not fond of the Rand formula, stating that (per the Charter), it interferes with freedom due to "compelled association"
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