Canada's federal court issues important ruling on union dues

Throws out case challenging union support for gay marriage

Ottawa (2 April 2007) - The Federal Court of Canada has issued a significant ruling upholding the right of unions to collect dues from workers who benefit from collective bargaining but disagree with certain union policies because of religious beliefs.

In a case involving a Roman Catholic member opposed to the Public Service Alliance of Canada's support of gay marriage, the court has ruled in favour of the union.

Susan Comstock, a federal public employee for 35 years, sought to divert the approximately $800 a year she pays in union dues to her church because of her opposition to gay marriage. The court disagreed.

"The evidence does not show how her freedom of religion and conscience was compromised by this policy," ruled Justice Frederick Gibson. "The fact that she opposes the union's political or social causes does not force her to act in a way contrary to her beliefs or her conscience."

Andrew Raven, a lawyer for the union, said the case is important because it "demonstrates that your right to practice your religion is not impaired by paying dues to a union whose views you do not share."

Instead, the case represented a challenge to the right of the union to have a policy supporting the rights of gays and lesbians, Raven said.

Comstock had argued she should be able to divert her dues because of a collective agreement clause allowing union members to give their dues to charity when they are members of a religious organization "whose doctrine prevents him or her as a matter of conscience from making financial contributions to an employee organization."

The court said the Catholic Church does not oppose labour unions. On the contrary, it has often recognized their value, it said. NUPGE