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Osborne v Canada (Treasury Board), [1991] 2 SCR 69


Are restrictions on the political activities by the civil service valid in light of the Charter?


Restrictions on political activities apply only to senior members of the government bureaucracy.


The court recognized the constitutional convention of public service neutrality; but struck down the legislated restrictions on political activities of civil servants. The legislation was over-inclusive -- it did not account for the distinctions between the types of work at different levels of responsibility within the civil service.

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