What is the test for freedom of association within the Charter of Canada?

Manitoba, Canada


The following excerpt is from Fletcher v. The Government of Manitoba, 2018 MBQB 104 (CanLII):

The applicant argues that freedom of association is broad and inclusive and prima facie falls within the scope of the Charter (Irwin Toy Ltd. v. Quebec (Attorney General), 1989 CanLII 87 (SCC), [1989] 1 S.C.R. 927). The applicant further argues that “[p]olitical expression is at the very heart of the values sought to be protected by the freedom of expression guaranteed by s. 2(b) of the Canadian Charter” (Libman v. Quebec (Attorney General), 1997 CanLII 326 (SCC), [1997] 3 S.C.R. 569).

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