On December 17, the Supreme Court of Canada heard Fraser v. Ontario (Attorney General), 2008 ONCA 760 (“Fraser“), which tests the constitutional right to collective bargaining under the Charter‘s s. 2(d) freedom of association in the case of farm workers. Coming off of a recent Labour and Employment Law exam and having an affirmed interest [...]

As a student in a first-year Constitutional Law class, we learn that there is typically a low threshold for what constitutes ‘expression’ in s. 2(b) Charter jurisprudence. In a case for infringement of freedom of expression, we learn that typically getting recognition of a behaviour as ‘expression’ is the easier part, and that convincing a [...]