The union argues that the mandatory dues check‑off regime is protected on the basis of two principles proposed by Sopinka J. in Professional Institute of the Public Service of Canada v. Northwest Territories (Commissioner), 1990 CanLII 72 (SCC),  2 S.C.R. 367 at para. 73 (“PIPSC”). The first is that this collection regime is an activity that is essential for the members to maintain their union; the second is that the regime is the exercise in association of the lawful rights of individuals.
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