Freedom Flyer 7

Money can't be used for politics

By Tony van Alphen

TORONTO (CP) - A community college teacher from a small Northern Ontario town has won a key court case that strikes down use of union dues for political parties and other causes, a traditional practice of organized labor for many years.

Mr. Justice John White of the Ontario supreme court says in a landmark decision made public Monday that a contract between the Ontario Public Service Employees Union and the province's community colleges that includes dues collection represents a "government action" and breaches the right of freedom of association under the Charter of Rights for teacher Merv Lavigne.

"It therefore follows that the applicant is entitled to a declaration implementing my findings of breach of his charter-protected freedom of association," White said in his conclusion.

Lawyers for Lavigne, who teaches at the Haileybury School of Mines, argued that the 1984 contract between the union and the Council of Regents, the governing body for colleges, violated his right to freedom of association and speech because about $2 of his $338 compulsory annual dues goes to support causes other than bargaining.

The decision, if upheld by the Supreme Court of Canada, could be a major blow for organized labor, which has traditionally supported issues and causes beyond the bargaining table. The union plans an appeal.

White expects to hear submissions from the union and Lavigne, who is backed financially by the conservative National Citizens' Coalition, on how to implement a remedy, based on the decision.

Dennis O'Connor, one of Lavigne's lawyers, said he will ask that the judge provide for an "opting in" formula, which would let union members contribute voluntarily to causes other than bargaining. Most unions now use a portion of dues for other purposes, such as support for the New Democratic Party, and have a provision whereby members can request or "opt out" of spending contributions for other issues.

Cliff Pilkey, president of the Ontario Federation of Labor, whose umbrella union group acted as intervener in the case, said lawyers have already advised him there are strong grounds for an appeal. "I'm confident that the Supreme Court of Canada will rule in favor of trade unions speaking out on social and political causes."

Organized labor is involved in several court cases that challenge its power and effectiveness under the charter.

David Somerville, vice-president of the coalition, said in retrospect the decision will be seen as "a watershed".

"I think in the long term this development will be very, very good for the union movement in that I think it's going to enhance its political integrity," Somerville said at a news conference. "I don't think it has much political integrity now because of the way in which it gets its money.

"When they go to their members and ask them voluntarily to subscribe to political activities which they want to further then I think that's going to make their case much stronger. I think in the short term it's going to hurt them a great deal because most of the rank and file do not agree with the political priorities of their union."

Colin Brown, president and founder of the coalition, whose motto is "more freedom through less government," said the decision is an important victory for individuals. The coalition has spent about $400,000 supporting the legal challenge, he said.

"It also proves that in our system the little guy can still get justice even when he's up against the power of big unionism," Brown said.

Meanwhile, Ontario Labor Minister Bill Wrye said the court decision will mean a review of provincial laws, but no changes will be made until the Supreme Court has ruled on the case.

"Obviously any aspects of our legislation which need to be reviewed will be reviewed," Wrye told reporters. "But obviously this is the first step in a procedure I expect will end up in the Supreme Court of Canada, and we will want to see how things proceed from here."

Donald Wood, emeritus professor and retired director of the Industrial Relations Centre at Queens University in Kingston, said it is difficult at this point to assess court decisions related to challenges on the definition of individual rights under the charter. "We'll have to wait for a definitive response from the Supreme Court of Canada before there's a firm pattern on jurisprudence."

In May, the B.C. supreme court ruled the constitutional rights of prison guard Charles Baldwin, who also challenged the use of dues for activities other than collective bargaining, were not being violated by his union.