Newfoundland (Treasury Board) v Newfoundland and Labrador Assn of Public and Private Employees

Newfoundland (Treasury Board) v Newfoundland and Labrador Assn of Public and Private Employees
Hearing: May 12, 2004
Judgment: October 28, 2004
Citations[2004] 3 S.C.R. 381; 2004 SCC 66; (2004), [2005] 242 Nfld. & P.E.I.R. 113; (2004), 244 D.L.R. (4th) 294
Prior historyJudgment for the Crown in the Newfoundland and Labrador Court of Appeal
Holding
A Charter violation can be justified under section 1 in the case of a fiscal crisis.
Court membership
Chief Justice: Beverley McLachlin
Puisne Justices: Frank Iacobucci, John C. Major, Michel Bastarache, Ian Binnie, Louise Arbour, Louis LeBel, Marie Deschamps, Morris Fish
Reasons given
Unanimous reasons byBinnie J.

Newfoundland (Treasury Board) v Newfoundland and Labrador Assn of Public and Private Employees, [2004] 3 S.C.R. 381 is a leading Supreme Court of Canada decision where the Court held that a fiscal crisis can be the basis for justifying a violation of rights in the Canadian Charter of Rights and Freedoms through section 1.