First Reference company logo

First Reference Talks

News and Discussions on Payroll, HR & Employment Law

decorative image

essential services

Saskatchewan government’s do-over: another version of essential services legislation proposed

Bill 183, The Saskatchewan Employment (Essential Services) Amendment Act, 2015, proposes a new Part VII in the Employment Act, entitled Essential Services. The Bill is currently in third reading.

 

, , , , , , , , , , , , , , ,

SCC constitutionalizes the right to strike for unionized employees

In a surprising move, the Supreme Court of Canada overturned its own precedent and found that the right to strike was protected under the Charter.

 

, , , , , , , , , , , , , ,

Court of Appeal hints that right to strike may be protected by the Constitution

Last year, the Saskatchewan Court of Queen’s Bench concluded that amendments to the Essential Services Act impeded workers from exercising their fundamental freedom of association, which includes the right to associate and organize, the right to bargain collectively, and the right to strike. Relying on a decision of the International Labour Organization, the Court found that the Act completely and utterly violated section 2(d) of the Canadian Charter of Rights and Freedoms. The Court gave the government one year to amend the legislation, but instead, it appealed the ruling. On April 26, 2013, the Saskatchewan Court of Appeal upheld amendments to the Essential Services Act and ruled that whether or not the Charter protects a right to strike is a matter that should be left to the Supreme Court of Canada to decide.

 

, , , , , , , , , , , , , , , , , , , , , , , , , ,

Air Canada pre-emptive back-to-work Bill

On March 14, 2012, Bill C-33, An Act to Provide for the Continuation and Resumption of Air Service Operations, received third reading in the House of Commons. The goal of the Bill is to require continued service, prohibit strikes and lockouts, extend the previous collective agreement and create a final offer selection scheme to force the parties (the employer and the two unions for the pilots and support staff) to settle their dispute.

 

, , , , , , , , , , , , , , , , , , , ,

Does essential services legislation violate Charter rights?

After examining Canada’s international labour obligations, Saskatchewan’s Court of Queen’s Bench, has confirmed that section 2(d) of the Charter (the freedom to associate) includes the right to strike. This is something the courts have historically refused to admit in their decisions.

 

, , , , , , , , , , , , , , , , ,