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By Christina Catenacci, BA, LLB, LLM, PhD | 5 Minutes Read May 21, 2013

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.

Article by Christina Catenacci, BA, LLB, LLM, PhD / Employee Relations, Human Rights, Union Relations / canadian charter of rights and freedoms, Charter, Constitution, Constitutional right to strike, Court of Appeal, essential services, Essential Services Act, freedom of association, ILO, Industrial Relations, International Labour Organization, international obligations, Labour Law, Labour Trilogy, Public Service Essential Services Act, right to associate and organize, right to bargain collectively, right to strike, Saskatchewan Court of Queen's Bench, Saskatchewan Federation of Labour, societal and jurisprudential changes, strike, Striking workers, Supreme Court of Canada, Trade Union Amendment Act, union, Unions

By Christina Catenacci, BA, LLB, LLM, PhD | 4 Minutes Read February 17, 2012

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.

Article by Christina Catenacci, BA, LLB, LLM, PhD / Union Relations / canadian charter of rights and freedoms, Charter, Committee on Freedom of ASsociation, employment law, essential services, freedom of association, freedom to associate, ILO, Industrial Relations, International Labour Ogranization, international standards, Labour Law, legislation violate Charter rights, Public Service Essential Services Act, right to strike, Saskatchewan, Saskatchewan’s Court of Queen’s Bench, Supreme Court of Canada

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