In Amalgamated Transit Union, Local 113 v. Ontario (Ont CA, 2024) the Ontario Court of Appeal dismissed a Crown appeal that sought to reverse a finding that a TTC-focussed labour statute violated Charter s.2(d) ['freedom of association'].
Here the court considers the Charter s.1 'proportionality' (of the impugned statute) element:
(2) Proportionality
[97] The second stage of the Oakes test requires courts to assess whether “the means chosen [to achieve the legislature’s objectives] are reasonable and demonstrably justified”: Oakes, at p. 139. This involves “a form of proportionality test”, in which courts must consider: (i) whether the means chosen are rationally connected to the objectives; (ii) whether they impair the right at issue as little as possible; and (iii) whether the salutary effects of the legislation outweigh its deleterious effects. The party seeking to uphold legislation – usually the government, and here, Ontario – must succeed on all three branches of the proportionality test.
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