Majority
The judgment of the Court was delivered orally by
La Forest J.
La Forest J. ‑‑ We are all of the view that the thrust of the reasoning applicable to s. 2(d) of the Canadian Charter of Rights and Freedoms adopted in earlier decisions of this Court to determine the scope of freedom of association as it related to the right of union members to strike applies as well to the determination of the right to liberty under s. 7 for the same purpose. This approach completely defeats the general argument of the appellants for holding the Act as a whole invalid under s. 7.
So far as the specific argument that the penalty attached to the refusal to return to work is concerned, that prohibition is intended to enforce the regulatory scheme, and must be read in that context. It is not an absolute offence, but a strict liability offence. The appeal is, therefore, dismissed with costs throughout.
Judgment accordingly.
Solicitors for the appellants: P. Nicholas Glass, Vancouver; Swinton & Company, Vancouver.
Solicitor for the respondent: The Attorney General of Canada, Ottawa.