Confusion has its Costs
April 24, 2015
Brian A. Langille
1. GRAMMAR
Here is what the SCC says Dickson says:
 “Dickson C.J. states that the purpose of the freedom of association
encompasses the protection of (1) individuals joining with others to
form associations (the constitutive approach); (2) collective activity
in support of other constitutional rights (the derivative approach);
and (3) collective activity that enables “those who would otherwise
be vulnerable and ineffective to meet on more equal terms the
power and strength of those with whom their interests interact and,
perhaps, conflict: Alberta Reference, at p. 366.” MPAO para 54 and
66
Here is what Dickson actually says:
 “I am unable to accept that freedom of association would be
interpreted so restrictively”. “I think Bayda CJS was right in holding
that s.2(d) normally embraces the liberty to do collectively that
which one is permitted to do as an individual”.
Brian A. Langille
2. NARRATIVE
SCC says:

“In a phrase, in order to determine whether a restriction on the right to associate violates s. 2
(d) by offending its purpose, we must look at the associational activity in question in its full
context and history.” MPAO 47

“An activity-based contextual approach is … essential for freedom of association.” MPAO 48
– a purposive analysis also requires courts to consider the most concrete purpose or set of
purposes that underlies the right or freedom in question, based on its history and full context.
MPAO 50
– The guarantee functions to protect individuals against more powerful entities. By banding
together in the pursuit of common goals, individuals are able to prevent more powerful entities
from thwarting their legitimate goals and desires. In this way, the guarantee of freedom of
association empowers vulnerable groups and helps them work to right imbalances in society.
It protects marginalized groups and makes possible a more equal society. MPAO 58
– The right to strike is essential to realizing these values and objectives through a collective
bargaining process because it permits workers to withdraw their labour in concert when
collective bargaining reaches an impasse. SFL 54
DICKSON says:

“What freedom of association seeks to protect is not association activities qua particular
activities but the freedom of individuals to interact with, support, and be supported by, their
fellow human beings in the varied activities in which they choose to engage.” (p. 366)
Brian A. Langille
PG Wodehouse on “interpretation”:
Bertie Wooster has received a communication from a friend
which he reads to Jeeves:
Wooster: “When you come tomorrow, bring my football boots.
Also, if humanly possible, an Irish water spaniel. Urgent. Regards.
Tuppy.”
“What do you make of that, Jeeves?”
Jeeves: “As I interpret the document sir, Mr. Glossup wishes you,
when you come tomorrow, to bring his football boots. Also, if
humanly possible, an Irish water spaniel. He hints that the
matter is urgent, and send his regards.
Wooster: “Yes, that’s how I read it too.”1
1 Woodhouse
1930. ”The Ordeal of the Young Tuppy” in PG Woodhouse, Very Good, Jeeves London WW Norton and Company,
234-59.
Brian A. Langille