The Die Is Cast Regarding The Freedom Of Association Of Management Personnel Of The Société Des Casinos Du Québec

On November 5, 2018 the Quebec Superior Court decided that the exclusion of management personnel from the Labour Code (the "Code") pursuant to section 1(l)1o thereof does not unduly infringe the freedom of association guaranteed by the Canadian Charter of Rights and Freedoms (the "Canadian Charter") and the Charter of Human Rights and Freedoms (the "Quebec Charter"), and is thus constitutionally valid, applicable and operative.

The Superior Court's decision overturned the interlocutory decision rendered on December 7, 2016 by the Administrative Labour Tribunal (the "ALT") wherein the ALT declared section 1(l)1o of the Code inoperative for infringing the right to freedom of association. The ALT's decision was pursuant to an application for accreditation submitted by the Association des cadres de la Société des casinos du Québec (the "Association") in order to represent certain first-level management personnel employees of the Société des casinos du Québec (the "Corporation"), specifically operations supervisors (the "Supervisors").

In its decision the ALT concluded that because the Supervisors are excluded from the application of the Code, they are not entitled to certain rights...