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

Issue(s):

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

Ratio:

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

Analysis:

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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