Homecare

November 27th, 2012

“The Service Provider shall not issue any publicity or news release or otherwise respond to or contact any member of the media pertaining to this Agreement or the Services without prior consent of the CCAC.

Note: These are not contracts of an employer-employee nature. The WWCCAC has enforced this media clause on agencies that are deemed independent of WWCCAC.”

Conversely:

“The Canadian Charter of Rights and Freedoms renders the media clause unconstitutional, prima facie.

Section 2(b) of the Canadian Charter of Rights and Freedoms:

‘2. Everyone has the following fundamental freedoms: … (b) Freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication.’

Given this fact, the onus is on the WWCCAC to put forward legitimate overriding reasons that justify the denial of independent frontline health-care professionals their fundamental rights enshrined in the Canadian Charter. If no such justification exists, the clause should be removed.”

Background Report

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