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You are here: Home / Employee Relations / Slaw: Supreme Court confirms right to strike constitutionally protected

By Marie-Yosie Saint-Cyr, LL.B. Managing Editor | < 1 Minutes Read February 27, 2015

Slaw: Supreme Court confirms right to strike constitutionally protected

strikeFor some, this decision took a long time to arrive.

The Supreme Court of Canada in Saskatchewan Federation of Labour v Saskatchewan confirmed once and for all that the right to strike is protected under the Canadian Charter of Rights and Freedoms. This landmark decision strikes down Saskatchewan’s essential services legislation, which prevented a wide range of public sector employees from striking. This decision does not conclude that all essential services legislation that imposes limits on strike action will be unconstitutional; however, it will have an impact on the future of labour relations across Canada.

Background

To summarize, the Saskatchewan Federation of Labour challenged Saskatchewan’s Public Service Essential Services Act (PSESA) and the Trade Union Amendment Act, which came into force May 14, 2008, alleging both pieces of legislation violated section 2(d) of the Charter, which protects freedom of association and expression.

The purpose of the PSESA was to limit the ability of public sector workers to go on strike. The Act set out a process whereby some workers such as nurses and ambulance attendants can be declared essential and banned from going on strike.

For more, read the case commentary on Slaw here.

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Marie-Yosie Saint-Cyr, LL.B. Managing Editor
Managing Editor at First Reference Inc.
Marie-Yosie Saint-Cyr, LL.B., is a trained lawyer called to the Quebec bar in 1988 and is still a member in good standing. She practiced business, employment and labour law until 1999. For over 20 years, Yosie has been the Managing Editor at First Reference. She manages the PolicyPro Human Resources and Internal Controls editions, The Human Resources Advisor editions, PaySource and the HRinfodesk news service as well as the blogs. Marie-Yosie (a.k.a. Yosie) is a recognized and respected author, with an extensive background in human resources, employment and labour across the country.
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Article by Marie-Yosie Saint-Cyr, LL.B. Managing Editor / Employee Relations, Union Relations / canadian charter of rights and freedoms, Collective Bargaining, essential services legislation, freedom of association and expression, Industrial Relations, Labour Law, labour relations, Labour Trilogy, limit the ability of public sector workers to go on strike, Public Service Essential Services Act, right to associate and organize, right to bargain collectively, right to strike, Saskatchewan Federation of Labour v Saskatchewan, Saskatchewan’s essential services legislation, Supreme Court of Canada, Trade Union, Trade Union Amendment Act

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About Marie-Yosie Saint-Cyr, LL.B. Managing Editor

Marie-Yosie Saint-Cyr, LL.B., is a trained lawyer called to the Quebec bar in 1988 and is still a member in good standing. She practiced business, employment and labour law until 1999. For over 20 years, Yosie has been the Managing Editor at First Reference. She manages the PolicyPro Human Resources and Internal Controls editions, The Human Resources Advisor editions, PaySource and the HRinfodesk news service as well as the blogs. Marie-Yosie (a.k.a. Yosie) is a recognized and respected author, with an extensive background in human resources, employment and labour across the country.

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