right to bargain collectively

Slaw: Supreme Court confirms right to strike constitutionally protected

February 27, 2015 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Human Resources, Union Relations

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.

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

May 21, 2013 Christina Catenacci Employee Relations, Human Resources, Human Rights, Union Relations

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.

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