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strike

By Devry Smith Frank LLP | 4 Minutes Read October 28, 2016

Back-to-work postal legislation found in violation of Charter rights

company policyJustice Firestone of the Ontario Superior Court recently decided that back–to–work legislation introduced in 2011 aimed at striking postal workers from the Canadian Union of Postal Workers was an unjustified violation of the Union’s rights to freedom of association and expression under the Canadian Charter of Rights and Freedoms. As a result, the judge retroactively declared the legislation of no force or effect.

Article by Devry Smith Frank LLP / Employee Relations, Human Rights, Union Relations / back-to-work legislation, Canada Post labour dispute, canadian charter of rights and freedoms, Canadian Union of Postal Workers v Her Majesty in Right of Canada, Charter protected freedoms, Charter rights, collective agreement, Collective Bargaining, employment law, freedom of association, Freedom of expression, Industrial Relations, Labour Law, lockout, Restoring Mail Delivery for Canadians Act, right to strike, strike, striking postal workers, trade unions, Unions

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

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